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VIRGINIA  SCHOOL  LAWS 


Codified  for  the  Use  of  School  Officers  by 
Order  of  the  State  Board  of  Education 


TO  BE  PRESERVED  BY  EACH  OFFICER  AND  DELIVERED  TO  HIS 

SUCCESSOR 


RICHMOND: 

DAVIS    BOTTOM,    SUPERINTENDENT    PUBLIC    PRINTING 
1915 


Contents 


Constitutional  Provisions 5 

PUBLIC  FREE  SCHOOL  LAW: 

Of  Public  Free  Schools  in  counties,  and  of  the  Literary  Fund 13 

Of  Public  Free  Schools  in  cities  and  in  towns  constituting  separate  school 

districts 149 

Regulations  of  the  State  Board  of  Education 156 

Index.  207 


Preface 


While  this  edition  of  the  school  law  possesses  no  authority  inde- 
pendent of  the  sources  from  which  it  was  compiled,  its  publication 
by  the  Board  of  Education  makes  the  work  authoritative  as  a  guide 
to  school  officers. 

The  act  of  Assembly  which  gave  the  school  system  organic  life 
was  approved  July  11,  1870.  The  history  of  subsequent  legisla- 
tion affecting  the  schools  can  be  readily  traced  from  chapters  LXVI 
and  LXVII  of  the  Codes  of  Virginia  1887  and  1904,  which  consti- 
tute the  basis  of  the  "Public  Free  School  Law." 

The  text  of  Pollard's  Code  of  1904  has  been  followed,  except 
in  so  far  as  it  has  been  modified  by  legislation  since  its  publication. 
Acts  of  Assembly  passed  subsequent  to  that  date  (1904)  are  in- 
corporated with  the  original  law. 

All  acts  of  a  local  character  are  omitted,  and  only  such  acts 
pertaining  to  State  institutions  of  higher  learning  have  been  in- 
cluded as  are  of  interest  to  the  school  officials  at  large. 

The  compiler  has  endeavored  to  arrange  the  matter  for  the 
convenience  of  school  officers,  without  regard  to  the  order  in  which 
it  is  printed  in  the  Code. 

It  is  the  duty  of  every  school  officer  receiving  a  copy  of  the 
law  to  preserve  it  carefully,  and  to  transmit  it  to  his  successor  in 
office. 


Superintendent  of  Public  Instruction. 


DEPARTMENT  OF  PUBLIC  INSTRUCTION, 
RICHMOND,  VIRGINIA. 

October  1,  1915. 


•v 
^ 


30917 


Constitutional  Provisions  r  1FO  ft  ?M ; 


1.  Oath  to  he.  jtrrwribed. — Members  of  the  General  Assembly 
and  nil  officers,  executive  and  judicial,  elected  or  appointed  after 
this  Constitution  goes  into  effect,  shall,  before  they  enter  on  the 
performance  of  their  public  duties,  severally  take  and  subscribe  the 
following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm)  thai  1  will  support  the  Con- 
stitution of  the  United  States,  and  the  Constitution  of  the  State  of 
Virginia  ordained  by  the  Convention  which  assembled  in  the  city 
of  Eichmond  on  the  twelfth  day  of  June,  nineteen  hundred  and  one, 
and  that  I  will  faithfully  and  impartially  discharge  and  perform 
all  the  duties  incumbent  on  me  as —  — ,  according  to  the 

best  of  my  ability  ;  so  help  me  God.'7  (Sec.  34) 

'2.  JloiH/x  of  officers  handling  State  funds. — All  State  officers, 
and  their  deputies,  assistants  or  employees,  charged  with  the  col- 
lection, custody,  handling  or  disbursement  of  public  funds,  shall  be 
required  to  give  bond  for  the  faithful  performance  of  such  duties; 
the  amount  of  such  bond  in  each  case,  and  the  manner  in  which 
security  shall  he  furnished,  to  be  specified  and  regulated  by  law. 
(Sec.  85) 

3.  Magisterial  districts,  supervisors,  etc. — The  magisterial  di?- 
tricts  shall,  until  changed  by  law,  remain  as  now  constituted:  pro 
vided,  that  hereafter  no  additional  districts  shall  be  made  contain- 
ing less  than  thirty  square  miles.     In  each  district  there  shall  be 
elected  by  the  qualified  voters  thereof,  one  supervisor.     The  super- 
visors of  the  district  shall  constitute  the  board  of  supervisors  of 
the  county,  which  shall  meet  at  stated  periods  and  at  other  times  as 
often  as  may  be  necessary,  lay  the  county  and  district  levies,  pass 
upon  all  claims  against  the  county,  subject  to  such  appeal  as  may 
be  provided  by  law,  and  perform  such  duties  as  may  be  required  by 
law.      (Sec.  Ill) 

4.  Concerning  the  bonded  indebtedness  of  cities  and  towns. — 
No  city  or  town  shall  issue  any  bonds  or  other  interest-bearing  obli- 
gations for  any  purpose,  or  in  any  manner,  to  an  amount  which,  in- 
cluding existing  indebtedness,  shall  at  any  time  exceed  eighteen  per 
centum  of  the  assessed  valuation  of  the  real  estate  in  the  city  or  town 
subject  to  taxation,  as  shown  by  the  last  preceding  assessment  for 


Virginia  School  Laws 


taxes:  provided,  however,  that  nothing  above  contained  in  this  sec- 
tion shall  apply  to  those  cities  and  towns  whose  charters  existing 
at  the  adoption  of  this  Constitution  authorize  a  larger  percentage  of 
indebtedness  than  is  authorized  by  this  section ;  and  provided  fur- 
ther, that  in  determining  the  limitation  of  the  power  of  a  city  or 
town  to  incur  indebtedness  there  shall  not  be  included  the  following 
classes  of  indebtedness : 

(a)  Certificates  of  indebtedness,  revenue  bonds  or  other  obli- 
gations issued  in  anticipation  of  the  collection  of  the  revenue  of  such 
city  or  town  for  the  then  current  year:  provided,  that  such  certifi- 
cates, bonds  or  other  obligations  mature  within  one  year  from  the 
date  of  their  issue,  and  be  not  past  due,  and  do  not  exceed  the  reve- 
nue for  such  year. 

(b)  Bonds  authorized  by  an  ordinance  enacted  in  accordance 
with  section  one  hundred  and  twenty-three,  and  approved  by  the 
affirmative  vote  of  the  majority  of  the  qualified  voters  of  the  city 
or  town  voting  upon  the  question  of  their  issuance,  at  the  general 
election  next  succeeding  the  enactment  of  the  ordinance,  or  at  a 
special  election  held  for  that  purpose,  for  a  supply  of  water  or  other 
specific  undertaking  from  which  the  city  or  town  may  derive  a  reve- 
nue ;  but  from  and  after  a  period  to  be  determined  by  the  council, 
not  exceeding  five  years  from  the  date  of  such  election,  whenever 
and  for  so  long  as  such  undertaking  fails  to  produce  sufficient  reve- 
nue to  pay  for  cost  of  operation   and   administration    (including 
interest  on  bonds  issued  therefor,  and  the  cost  of  insurance  against 
loss  by  injury  to  persons  or  property,  and  an  annual  amount  to  be 
covered  into  a  sinking  fund  sufficient  to  pay,  at  or  before  maturity, 
all  bonds  issued  on  account  of  said  undertaking,  all  such  bonds  out- 
standing shall  be  included  in  determining  the  limitation  of  the  pow- 
er to  incur  indebtedness,  unless  the  principal  and  interest  thereof  be 
made  payable   exclusively  from   the  receipts   of  the   undertaking. 
(Sec.  12T) 

Education  and  Public  Instruction 

5.  Free  schools  to  be  maintained. — The  General  Assembly  shall 
establish  and  maintain  an  efficient  system  of  public  free   schools 
throughout  the  State.     (Sec.  129) 

6.  State  Board  of  Education,  composition;  vacancies,  how  filled. 
The  general  supervision  of  the  school  system  shall  be  vested  in  a 
State  Board  of  Education,   composed  of  the  Governor,   Attorney- 


Constitutional  Provisions 


General,  Superintendent  of  Public  Instruction,  and  three  experi- 
enced educators,  to  be  elected  quadrennially  by  the  Senate,  from  a 
list  of  eligibles,  consisting  of  oneTrom  each  o/  the"f  acuities^  an3 
nominated  by  the  respective  boards  of  visitors  or  trustees  of  the 
University  of  Virginia,  the  Virginia  Military  Institute,  the  Vir- 
ginia Polytechnic  Institute,  the  State  Female  Normal  School  at 
Farmville,  the  School  for  the  Deaf  and  Blind,  and  also  of  the  College 
of  William,  and  Mary  so  long  as  the  State  continues  its  annual  ap- 
propriation to  the  last  named  institution. 

The  board  thus  constituted  shall  select  and  associate  with  itself 
two  division  superintendents  of  schools,  one  from  a  county  and  the 
other  from  a  city,  who  shall  hold  office  for  two  years,  and  whose 
powers  and  duties  shall  be  identical  with  those  of  other  members, 
except  that  they  shall  not  participate  in  the  appointment  of  any 
public  school  official. 

Any  vacancy  occurring  during  the  term  of  any  member  of  the 
board  shall  be  filled  for  the  unexpired  term  by  said  board.  (Sec. 
130) 

Y.  Superintendent  of  Public  Instruction,,  how  elected,  term  of 
office;  how  vacancy  filed;  duties.  —  The  Superintendent  of  Public 
Instruction,  who  shall  be  an  experienced  educator,  shall  be  elected 
by  "the  '"qualified  voters  of  the  State  at  the  same  time  and  for  the  same 
term  as  the.  Governor.  Any  vacancy  in  said  office  shall  be  filled  for 
the  unexpired  term  by  the  said  board. 

iris  duties  shall  be  prescribed  by  the  State  Board  of  Education, 
of  which  lie  shall  he  ex-officio  president;  and  his  compens  a  ^tiorTsTiall 


8.  Powers  and  duties  of  State  Board  of  Education.  —  The  du- 
ties and  powers  of  the  State  Board  of  Education  shall  be  as  follows: 

First.  It  may,  in  its  discretion,  divide  the  State  into  appropri- 
ate school  divisions,  comprising  not  less  than  one  county  or  city 
each,  but  no  county  or  city  shall  be  divided  in  the  formation  of  such 
divisions.  It  shall,  subject  to  the  confirmation  of  the  Senate,  ap- 
point, for  each  of  such  divisions,  one  superintendent  of  schools,  who 
shall  hold  office  for  four  years,  and  shall  prescribe  his  duties,  and 
may  remove  him  for  cause  and  upon  notice. 

Second.  It  shall  have,  regulated  by  law,  the  management  and 
investment  of  the  school  fund. 

Third.  It  shall  have  authority  to  make  all  needful  rules  and 
regulations  for  the  management  and  conduct  of  the  schools,  which, 
when  published  and  distributed,  shall  have  the  force  and  effect  of 


8  Virginia  School  Laws 

law,  subject  to  the  authority  of  the  General  Assembly  to  revise, 
amend,  or  repeal  the  same. 

Fourth.  It  shall  select  text- books  and  educational  appliances 
for  use  in  the  schools  of  the  State,  exercising  such  discretion  as  it 
may  see  fit  in  the  selection  of  books  suitable  for  the  schools  in  the 
cities  and  counties,  respectively. 

Fifth.  It  shall  appoint  a  board  of  directors,  consisting  of  five 
members,  to  serve  without  compensation,  which  shall  have  the 
management  of  the  State  Library,  and  the  appointment  of  a  libra- 
rian and  other  employees  thereof,  subject  to  such  rules  and  regu- 
lations as  the  General  Assembly  shall  prescribe;  but  the  Supreme 
Court  of  Appeals  shall  have  the  management  of  the  law  library  and 
the  appointment  of  the  librarian  and  other  employees  thereof. 
(Sec.  132) 

9.  School  districts;  school  trustees.-r-E&di  magisterial  district 
shall   constitute   a   separate   school   district,    unless   otherwise   pro- 
vided by  law.     In  each  school  district  there  shall  be  three  trustees 
selected,  in  the  manner  and  for  the  term  of  office  prescribed  by  law. 
(Sec.  133) 

10.  The  literary  fund. — The  General  Assembly  shall  set  apart 
as  a  permanent  and  perpetual  literary  fund  the  present  literary 
fund  of  the  State;  the  proceeds  of  all  public  lands  donated  by  Con- 
gress for  public  free  school  purposes ;  of  all  escheated  property ;  of 
all  waste  and  unappropriated  lands;  of  all  property  accruing  to  the 
State  by  forfeiture,  and  all  fines  collected  for  offences  committed 
against  the  State,  and  such  other  sums  as  the  General  Assembly  may 
appropriate.     (Sec.  134) 

11.  Appropriations  for  school  purposes;  school  age. — The  Gen- 
eral   Assembly  shall    apply  the  annual    interest  on  the    literary 
fund;  that  portion  of  the  capitation  tax  provided  for  in  the  Con- 
stitution to  be  paid  into  the  State  treasury,   and  not  returnable 
to  the  counties  and  cities ;  and  an  annual  tax  on  property  of  not 
less  than  one  nor  more  than  five  mills  on  the  dollar  to  the  schools 
of  the  primary  and  grammat  grades,  for  the  equal  benefit  of  all 
of  the  people  of  the  State,  to  be  apportioned  on  a  basis  of  school 
population;  the  number  of  children  between  the  ages  of  seven  and 
twenty  years  in  each  school  district  to  be  the  basis  of  such  appor- 
tionment; but  if  at  any  time  the  several  kinds  or  classes  of  prop- 
erty shall  be  segregated  for  the  purposes  of  taxation,  so  as  to  specify 
and  determine  upon  what  subjects  State  taxes  and  upon  what  sub- 
jects local  taxes  may  be  levied,  then  the  General  Assembly  may 


Constitutional  Pro  visions 


otherwise  provide  for  a  fixed  appropriation  of  State  revenue  to  the 
support  of  the  schools  not  less  than  that  provided  in  this  section. 
(Sec.  135) 

12.  Local  school  taxes. — Each  county,  city,  town  (if  the  same 
be  a  separate  school  district),  and  school  district  is  authorized  to 
raise  additional  sums  by  a  tax  on  property,  not  to  exceed  in  the 
aggregate  five  mills  on  the  dollar   in  any  one  year,   to  be  appor- 
tioned and  expended  by  the  local  school  authorities  of  said  coun- 
ties, cities,  towns  and  districts  in  establishing  and  maintaining  such 
schools  as  in  their  judgment  the  public  welfare  may  require:  pro- 
vided, that  such  primary  schools  as  may  be  established  in  any  school 
year  shall  be  maintained  at  least  four  months  of  that  school  year 
before  any  part  of  the  fund  assessed  and  collected  may  be  devoted 
to  the  establishment  of  schools  of  higher  grade.      The  boards  of 
supervisors  of  the  several  counties,  and  the  councils  of  the  several 
cities   and   towns,   if  the  same  be   separate  school   districts,   shall 
provide  for  the  levy  and  collection  of  such  local  school  taxes.     (Sec. 
136) 

13.  Agricultural,    normal,    manual     training,    and    technical 
schools. — The  General  Assembly  may  establish  agricultural,  normal, 
manual  training  and  technical  schools,  and  such  grades  of  schools 
as  shall  be  for  the  public  good.     (Sec.  137) 

14.  Compulsory  education;  exceptions. — The  General  Assem- 
bly may,  in  its  discretion,  provide  for  the  compulsory  education  of 
children  between  the  ages  of  eight  and  twelve  years,  except  such  as 
are  weak  in  body  or  mind,  or  can  read  and  write,  or  are  attending 
private  schools,  or  are  excused  for  cause  by  the  district  school  trus- 
tees.    (Sec.  138) 

15.  Free  text-looks. — Provision  shall  be  made  to  supply  chil- 
dren attending  the  public  schools  with  the  necessary  text-books  in 
cases  where  the  parent  or  guardian  is  unable,  by  reason  of  poverty, 
to  furnish  them.      (Sec.  139) 

16.  Mixed    schools    prohibited. — White    and  colored  children 
shall  not  be  taught  in  the  same  school.     (Sec.  140) 

17.  State  appropriations  prohibited  to  schools   or  institutions 
of  learning  not  owned  or  exclusively  controlled  by  Stale  or  some, 
subdivision  thereof;  exceptions  to  rule. — No  appropriation  of  pub- 
lic funds  shall  be  made  to  any  school  or  institution  of  learning  not 
owned  or  exclusively  controlled  by  the  State  or  some  political  sub- 
division thereof:  provided,  first,  that  the  General  Assembly  may,  in 
its  discretion,  continue  the  appropriations  to  the  College  of  William 
and  Mary;  second,  that  this  section  shall  not  be  construed  as  re- 


10  Virginia  School  Laws 

quiring  or  prohibiting  the  continuance  or  discontinuance  by  tne  Gen- 
eral Assembly  of  the  payment  of  interest  on  certain  bonds  held  by 
certain  schools  'and  colleges  as  provided  by  an  act  of  the  General 
Assembly  approved  February  twenty-third,  eighteen  hundred  and 
ninety-two,  relating  to  bonds  held  by  schools  and  colleges;  third, 
that  counties,  cities,  towns,  and  districts  may  make  appropriations 
to  non-sectarian  schools  of  manual,  industrial,  or  technical  train- 
ing, and  also  to  any  school  or  institution  of  learning  owned  or  exclu- 
sively controlled  by  such  county,  city,  town,  or  school  district.  (Sec. 
141) 

18.  Boards  of  visitors  and  trustees  of  educational  institutions; 
how  appointed,  and  term  of  office. — Members  of  the    boards    of 
visitors  or  trustees  of  educational  institutions  shall  be  appointed 
as  may  be  provided  by  law,  and  shall  hold  for  the  term  of  four 
years:  provided,  that  at  the  first  appointment,  if  the  board  be  of 
an    even    number,  one-half    of    them,  or,  if  of  an  odd  number,  the 
least  majority  of  them,  shall  be  appointed  for  two  years.      (Sec. 
142) 

Taxation  and  Finance 

19.  Taxable  property;  taxes  shall  be  uniform  as  to  class  of 
subjects  and  levied  and  collected  under  general  laws. — All  prop- 
erty,   except  as  hereinafter    provided,  shall    be  taxed;    all  taxes, 
whether  State,  local,  or  municipal,  shall  be  uniform  upon  the  same 
class  of  subjects  within  the  territorial  limits  of  the  authority  levy- 
ing the  tax,  and  shall  be  levied  and  collected  under  general  lawTs. 
(Sec.  16.8) 

20.  Reassessment  of  real  estate. — The  General  Assembly  shall 
provide  for  a  reassessment  of  real  estate  in  the  year  nineteen  hun- 
dred and  five  and  every  fifth  year  thereafter,  except  that  of  railway 
and  canal  corporations,  which,  after  January  the  first,  nineteen  hun- 
dred and  thirteen,  may  be  assessed  as  the  General  Assembly  may 
provide.     (Sec.  171) 

21.  State,  county  and  municipal  capitation  taxes. — The  Gen- 
eral Assembly  shall  levy  a  State  capitation  tax  of,  and  not  exceeding, 
one  dollar  and  fifty  cents  per  annum  on  every  male  resident  of  the 
State  not  less  than  twenty-one  years  of  age,  except  those  pensioned 
by  this  State  for  military  services ;  one  dollar  of  which  shall  be  ap- 
plied exclusively  in  aid  of  the  public  free  schools,  in  proportion  to 
the  school  population,  and  the  residue  shall  be  returned  and  paid 
by  the  State  into  the  treasury  of  the  county  or  city  in  which  it  was 


Constitutional  Provisions  11 

collected,  to  be  appropriated  by  the  proper  county  or  city  authorities 
to  such  county  or  city  purposes  as  they  shall  respectively  determine; 
but  said  State  capitation  tax  shall  not  be  a  lien  upon,  nor  collected 
by  legal  process  from,  the  personal  property  which  may  be  exempt 
from  levy  or  distress  under  the  poor  debtor's  law.  The  General  As- 
sembly may  authorize  the  board  of  supervisors  of  any  county,  or  the 
council  of  any  city  or  town,  to  levy  an  additional  capitation  tax  not 
exceeding  one  dollar  per  annum  on  every  such  resident  within  its 
limits,  which  shall  be  applied  in  aid  of  the  public  schools  of  such 
county,  city  or  town,  or  for  such  other  county,  city  or  town  purposes 
as  they  shall  determine.  (Sec.  173) 

22.  Property  exempt  from  taxation. — Except  as  otherwise  pro- 
vided in  this  Constitution,  the  following  property,  and  no  other, 
shall  be  exempt  from  taxation,  State  and  local ;  but  the  General  As- 
sembly may  hereafter  tax  any  of  the  property  hereby  exempted  save 
that  mentioned  in  sub-section  (a)  : 

(a)  Property  directly  or  indirectly  owned  by  the  State,  how- 
ever held,  and  property  lawfully  owned  and  held  by  counties,  cities, 
towns,  or  school  districts,  used  wholly  and  exclusively  for  county, 
city,  town,  or  public  school  purposes,  and  obligations  issued  by  the 
State  since  the  fourteenth  day  of  February,  eighteen  hundred  and 

eighty-two,  or  hereafter  exempted  by  law. 

*     *     *     * 

(d)  Buildings,  with  the  land  they  actually  occupy,  and  the 
furniture,  furnishings,  books  and  instruments  therein,  wholly  de- 
voted to  educational  purposes,  belonging  to  and  actually  and  ex- 
clusively occupied  and  used  by  churches,  public  libraries,  incorpo- 
rated colleges,  academies,  industrial  schools,  seminaries,  or  other 
incorporated  institutions  of  learning,  including  the  Virginia  His- 
torical Society,  which  are  not  corporations  having  shares  of  stock 
or  otherwise  owned  by  individuals  or  other  corporations;  together 
with  such  additional  adjacent  land  owned  by  such  churches,  libra- 
ries and  educational  institutions  as  may  be  reasonably  necessary  for 
the  convenient  use  of  such  buildings,  respectively;  and  also  the 
buildings  thereon  used  as  residences  by  the  officers  or  instructors  of 
such  educational  institutions;  and  also  the  permanent  endowment 
funds  held  by  such  libraries  and  educational  institutions  directly 
or  in  trust,  and  not  invested  in  real  estate:  provided,  that  such  li- 
braries and  educational  institutions  are  not  conducted  for  profit  of 
any  person  or  persons,  natural  or  corporate,  directly,  or  under  any 
guise  or  pretense  whatsoever.  But  the  exemption  mentioned  in 
this  subsection  shall  not  apply  to  any  industrial  school,  individual 


12  Virginia  School  Laws 

or  corporate,  not  the  property  of  the  State,  which  does  work  for 
compensation,  or  manufactures  and  sells  articles  in  the  community 
in  which  such  school  is  located:  provided,  that  nothing  herein  con- 
tained shall  restrict  any  such  school  from  doing  work  for  or  selling 
its  own  products  or  any  other  articles  to  any  of  its  students  or  em- 
ployees. 

*     *     * 

(Parts  of  Sec.   183) 


Public  Free  School  Law 

[Code  of  Virginia,  1887,  and  Pollard's  Code,  1904,  with  subsequent 

amendments.] 

OF  PUBLIC  FKEE  SCHOOLS  FOR  COUNTIES,  AND  OF 
THE  LITERARY  FUND 


Efficient  System  of  Public  Free  Schools 

1.  Efficient  system  of  public  free  schools. — An  efficient  system 
of  public  free  schools  shall  be  established  and  maintained  in  all  the 
counties  and  towns  of  the  State.     (Code,  Sec.  1427) 

2.  Authorities    for    administering    system. — The    public    free 
school  system  shall  be  administered  by  the  following  authorities, 
to-wit:     A  State  Board  of  Education,  a  Superintendent  of  Public 
Instruction,   division  superintendents  of  schools,   and  district  and 
county  school  boards.     (Code,  Sec.  1428) 

State  Board  of  Education 

3.  State  Board  of  Education. — The  State  Board  of  Education 
shall  be  a  corporation  by  that  name,  and  shall  consist  of  the  Gov- 
ernor, the  Attorney-General,  the  Superintendent  of  Public  Instruc- 
tion, and  three  experienced  educators,  to  be  elected  quadrennially 
by  the  Senate,  from  a  list  of  eligibles,  consisting  of  one  from  each 
of  the  faculties,  and  nominated  by  the  respective  boards  of  visitors 
or  trustees  of  the  University  of  Virginia,  the  Virginia  Military  In- 
stitute, the  Virginia  Polytechnic  Institute,  the  State  Female  Nor- 
mal School  at  Farmville,  the  School  for  the  Deaf  and  the  Blind, 
and  also  of  the  College  of  William  and  Mary  (so  long  as  the  State 
shall  continue  its  annual  appropriation  to  the  last  named  institu- 
tion),  together  with  two  division  superintendents  of  schools,   one 
from  a  county  and  one  from  a  city,  to  be  selected  by  the  board 
composed  of  the  Governor,  the  Attorney-General,  the  Superinten- 
dent of  Public  Instruction,  and  three  experienced  educators  elected 
by  the  Senate  as  herein  provided,  said  division  superintendents  to 
have  powers  and  duties  identical  with  those  of  the  other  members, 


14  Virginia  School  Laws 

except  participation  in  the  appointment  of  any  public  school  of- 
ficial. 

Terms  of  Members. — The  terms  of  the  three  members  elected 
by  the  Senate  shall  be  four  years,  provided  they  continue  so  long 
on  the  list  of  eligibles.  The  terms  of  those  first  elected  shall  date 
from  March  one,  one  thousand  nine  hundred  and  three.  The  Sen- 
ate shall  elect  their  successors  at  the  session  of  the  General  Assembly 
which  begins  next  before  the  expiration  of  the  term  of  the  members 
of  the  board  so  elected  by  the  Senate,  and  so  on  from  term  to  term 
of  the  members  so  to  be  elected. 

The  terms  of  the  two  division  superintendents  first  selected 
after  the  passage  of  this  act  shall  be  two  years  from  the  first  day  of 
April,  nineteen  hundred  and  seven,  provided  they  hold  the  office  of 
division  superintendent  so  long;  and,  within  thirty  days  before  the 
expiration  of  their  term  every  two  years  thereafter,  the  appointing 
board  herein  provided  shall  select  their  successors,  whose  term  shall 
be  two  years  from  the  first  day  of  April  following  their  appointment. 
The  terms  of  those  now  in  office  shall  continue  until  the  first  day  of 
April,,  nineteen  hundred  and  seven. 

Qualification. — Before  entering  upon  their  duties,  all  the  mem- 
bers of  the  board,  except  the  Governor,  the  Attorney-General,  and 
the  Superintendent  of  Public  Instruction,  shall  take  and  subscribe 
the  oaths  prescribed  by  the  Constitution  before  any  officer  author- 
ized to  administer  oaths,  and  said  officer  shall  certify  the  same;  a 
minute  of  their  qualification  shall  be  entered  in  the  proceedings  of 
the  board,  and  the  oaths  shall  be  returned  as  required  by  law  as  to 
the  oaths  of  other  State  officers. 

Vacancies  in  the  Board. — Any  vacancy  occurring  during  the 
term  of  any  member  of  the  board,  except  that  of  the  Governor  and 
the  Attorney-General,  shall  be  filled  for  the  unexpired  term  by  the 
board. 

President  of  the  Board. — The  Superintendent  of  Public  In- 
struction shall  be  ex-officio  president  of  the  board,  and  in  his  ab- 
sence the  members  present  shall  elect  a  president  pro  tempore. 

Quorum. — A  majority  of  the  members  shall  constitute  a  quo- 
rum for  the  transaction  of  business.  (Code,  Sec.  1429) 

4.  Meetings. — Meetings  of  the  board  shall  be  held  upon  the  call 
of  the  president,  or  upon  request  of  a  majority  of  its  members:  pro- 
vided, that  the  president  shall  give  due  notice  to  all  the  members  of 
the  time  of  holding  the  meetings.  The  place  of  meeting  shall  ordi- 
narily be  the  office  of  the  Superintendent  of  Public  Instruction. 
(Code,  Sec.  1430) 


Public  Free  School  Law  15 

5.  Record. — A  faithful  record  shall  be  kept  of  the  proceedings 
of  the  board,  which  shall  be  signed  by  the  president,  or,  in  his  ab- 
sence, by  the  president  pro  tempore,  and  shall  at  all  times  be  open  to 
inspection.  (Code,  Sec.  1431) 

(>.  Recovery  of  money  due  literary  fund. — Any  money  which 
ought  to  be  paid  into  the  public  treasury  to  the  credit  of  the  literary 
fund  shall  (unless  other  provisions  be  made  therefor)  be  recover- 
able, with  interest,  by  the  State  Board  of  Education,  by  motion  after 
fifteen  days7  notice,  or  by  action  in  the  Circuit  Court  of  the  City 
of  Richmond.  The  Second  Auditor  shall  institute  and  prosecute 
the  proceedings  after  an  order  for  such  motion  or  action  shall  have 
been  made  by  the  board. 

The  said  board  may  appoint  agents  for  the  collection  of  its 
debts  or  claims,  and  authorize  them  to  secure  payment  thereof  on 
such  terms  as  it  may  approve. 

When  estate  of  any  person  taken  under  execution,  or  for  sale 
under  any  decree  or  deed  of  trust,  for  any  such  debt  or  claim,  or  for 
any  fine,  will  not  sell  for  the  amount  thereof,  such  agent  may  (under 
the  direction  of  the  board  as  to  the  price)  purchase  such  estate  for 
the  board.  He  shall  immediately  report  to  it  every  such  purchase 
and  the  terms  thereof. 

The  board  may  sell,  or  appoint  an  agent  to  sell,  any  estate  so 
purchased,  who  shall  sell  at  such  time  and  on  such  terms  as  the 
board  may  authorize.  It  shall  take  bond  from  such  agent  if  any 
money  is  to  come  into  his  hands.  Any  agent  selling  land  under 
this  section  shall,  when  directed  so  to  do  by  the  board,  execute  a  deed 
(with  the  resolution  giving  such  direction  thereto  annexed)  convey- 
ing to  the  purchaser  all  the  interest  which  the  board  may  have  in  such 
land. 

For  the  service  of  any  agent  under  this  section,  the  board 
may  allow  compensation,  not  exceeding  in  any  case  five  per  cen- 
tum 011  the  money  actually  paid  into  the  treasury.  '(Code,  Sec. 
1432) 

7.  Duties  of  the  State  Board  of  Education. — The  powers  and 
duties  of  the  board  shall  be  as  follows : 

First.  To  divide  the  State  into  appropriate  school  divisions,  in 
the  discretion  of  said  board,  comprising  not  less  than  one  county 
or  city  each,  but  no  county  or  city  shall  be  divided  in  the  formation 
of  such  divisions,  and  in  the  establishment  of  such  school  divisions 
the  said  State  Board  of  Education  shall  so  make  up  the  same  as 
to  insure  to  each  division  superintendent  a  salary  of  not  less  than 
nine  hundred  dollars  per  annum:  provided,  that  in  any  case  where 


16  Virginia  School  Laws 


the  aggregate  population  of  two  adjacent  counties,  or  of  a  city  and  the 
county  in  which  it  is  located,  is  now  less  than  fourteen  thousand 
people  and  where,  in  the  judgment  and  discretion  of  the  State  Board 
of  Education,  it  is  not  practicable  to  attach  such  counties  or  city  to 
some  adjoining  county  or  city  so  as  to  make  up  a  division  that  will 
provide  a  salary  of  not  less  than  nine  hundred  dollars  per  annum 
for  the  division  superintendent  thereof,  then  in  such  case  the  State 
Board  of  Education  may,  in  its  discretion,  put  said  counties,  or 
county  and  city,  into  a  division,  the  superintendent  of  which  shall 
not  receive  less  than  seven  hundred  dollars  per  annum. 

It  shall,  subject  to  the  confirmation  of  the  Senate,  appoint  for 
each  of  such  divisions  one  superintendent  of  schools,  who  shall  hold 
office  for  four  years,  and  who,  during  his  said  incumbency  of  this 
office,  shall  be  required  to  devote  himself  exclusively  to  the  dis- 
charge of  its  duties:  provided,  that  the  State  Board  of  Education 
may  in  its  discretion  make  an  exception  to  this  rule  of  exclusive  em- 
ployment when  in  the  judgment  of  said  board  such  exceptions  will 
enure  to  the  benefit  of  the  public  school  system  in  the  division  of  such 
superintendent  thus  excepted. 

And  provided  further,  that  in  the  case  of  any  border  county 
touching  another  State  than  Virginia,  and  having  a  population  of 
less  than  fourteen  thousand  people,  where  the  State  Board  of  Edu- 
cation, in  its  discretion,  may  think  that  making  an  exception  of  such 
county  from  the  requirements  of  this  act  will  enure  to  the  best  in- 
terests of  the  public  school  system  therein,  the  said  State  Board  of 
Education  may  waive  the  requirements  of  this  act  as  to  the  salary 
of  the  division  superintendent  of  schools  for  said  county. 

And  provided  further,  that  when,  on  account  of  geographical  or 
other  conditions,  the  grouping  of  two  or  more  counties,  or  the  group- 
ing of  a  county  or  counties  and  a  city,  will  not  be  to  the  benefit  of 
said  divisions,  the  State  Board  of  Education  may,  in  its  discretion, 
modify  the  rule  as  to  said  grouping  and  as  to  the  minimum  salary 
herein  provided  for. 

The  board  shall  also  prescribe  the  duties  of  such  division  super- 
intendent, and  may  remove  him  for  cause  and  upon  notice.  When 
a  vacancy  occurs  during  the  recess  of  the  General  Assembly  it  shall 
be  filled  by  appointment  of  the  board  for  the  unexpired  term,  and 
the  appointee  shall  continue  in  office  until  the  expiration  of  thirty 
days  after  the  first  meeting  of  the  General  Assembly ;  but  it  shall 
not  be  lawful  when  the  General  Assemblv  is  not  in  session  for  the 


Public  Free  School  Law  17 

said  board  to  appoint  as  division  superintendent  any  person  whose 
nomination  has  been  previously  rejected  by  the  Senate. 

Second.  To  prescribe  the  duties  of  the  Superintendent  of  Pub- 
lic Instruction. 

Third.  To  approve  the  appointment  of  a  first  and  second  clerk 
and  such  other  employees  as  may  be  necessary  for  the  office  of  the 
Superintendent  of  Public  Instruction,  upon  the  nomination  of  that 
officer,  and  to  fix  their  salaries.  The  first  clerk,  who  is  hereby  re- 
quired to  serve  also  as  secretary  of  the  State  Board  of  Education, 
may  be  allowed  for  these  extra  services  such  reasonable  compen- 
sation as  the  board  may  deem  just  and  proper. 

Fourth.  To  adopt  by-laws  for  its  own  government  and  to  make 
all  needful  rules  and  regulations  for  the  management  and  conduct 
of  the  schools.  Such  rules  and  regulations,  when  published  and 
distributed,  shall  have  the  force  and  effect  of  law  until  revised, 
amended,  or  repealed  by  the  General  Assembly. 

Fifth.  To  provide  for  the  examination  of  teachers  by  a  State 
Board  of  Examiners,  and  the  inspection  of  schools  by  inspectors 
to  be  chosen  by  the  State  Board  of  Education,  or  by  the  adoption 
of  such  other  plans  as  the  board  may,  in  its  discretion,  deem  wise 
and  expedient.  The  duties,  compensation,  and  expenses  of  such 
examiners  and  inspectors  shall  be  fixed  by  the  State  Board  of 
Education,  and  paid  as  other  expenses  of  said  board  are  paid. 

Sixth.  To  select  text-books  and  educational  appliances  for  use 
in  the  public  schools  of  the  State  of  Virginia,  exercising  such  dis- 
cretion as  it  may  see  fit  in  the  selection  of  books  suitable  for  the 
schools  in  the  cities  and  counties,  respectively,  subject  to  the  con- 
ditions and  restrictions  hereinafter  set  forth ;  but  no  text-books 
which  may  hereafter  be  adopted  for  use  in  any  public  free  school 
in  the  State  of  Virginia  shall  be  changed  or  substituted  until  the 
same  shall  have  been  used  for  a  period  of  not  less  than  four  years. 

The  said  State  Board  of  Education  shall  be  empowered,  and 
it  is  hereby  made  their  duty,  to  enter  into  contract  for  a  term  of 
years  not  to  exceed  seven,  with  the  publisher  or  publishers  of  school 
books  adopted  for  the  use  of  the  pupils  of  the  public  schools  of 
Virginia,  upon  the  terms  and  conditions  herein  set  forth,  that  the 
price  to  be  paid  for  said  books  by  the  pupils  of  the  public  schools  of 
Virginia  shall  not  exceed  the  lowest  retail  price  at  which  such  books 
are  sold  to  the  pupils  or  patrons  of  the  public  schools  of  any  other 
State,  county,  township,  or  school  district,  or  to  any  individual  in 
the  United  States  where  similar  conditions  prevail :  provided,  that 


18  Virginia  School  Laws 

if  after  four  years  of  use  any  text-book  or  school  appliance  should 
prove  unsatisfactory,  it  may,  by  vote  of  six  members  of  the  State 
Board  of  Education,  be  changed.  Tlie  publisher  or  publishers  to 
make  a  sworn  affidavit  of  this  fact,  which  said  sworn  statement 
shall  be  put  on  file  in  the  office  of  the  Superintendent  of  Public 
Instruction,  Richmond,  Virginia:  and  provided  further,  that  said 
publisher  or  publishers  of  said  school  books  shall  make  a  written 
guarantee  to  said  State  Board  of  Education  that  any  further  re- 
duction in  the  price  of  said  books  during  the  life  of  said  contract, 
made  anywhere  to  any  one,  shall  also  be  made  to  said  State  Board 
of  Education,  and  if  the  publisher  or  publishers  of  any  school  books 
adopted  for  the  use  of  the  pupils  of  the  public  schools  of  Virginia 
fails  to  make  the  retail  prices  of  said  school  books  as  low  to  the 
pupils  of  the  public  schools  of  Virginia  as  the  same  books  are  sup- 
plied to  the  pupils  of  the  public  schools  of  any  other  State,  cor- 
poration or  person,  at  any  time  during  the  continuance  of  this  con- 
tract, then  it  shall  be  the  duty  of  the  State  Board  of  Education 
of  Virginia  to  declare  the  contract  with  such  publisher  or  publish- 
ers to  be  null  and  void. 

Before  any  publisher  or  publishers  of  school  books  adopted  by 
the  State  Board  of  Education  shall  be  permitted  to  enter  into  any 
contract  with  the  State  Board  of  Education,  under  the  provisions 
of  this  act,  he  or  they  shall  file  with  the  State  Superintendent  of 
Public  Instruction,  to  be  approved  by  the  said  State  Board  of  Edu- 
cation, a  good  and  sufficient  bond  for  the  faithful  performance  of 
the  conditions  of  such  contract  and  the  observance  of  the  require- 
ments of  this  act.* 

Seventh.  To  guard  by  regulations  against  such  a  multiplica- 
tion of  schools  in  proportion  to  the  funds  provided  as  will  tend  to 
cause  a  low  grade  of  instruction  in  the  schools  or  in  any  other  way 
impair  .their  efficiency. 

Eighth.  To  approve  or  amend  the  plans  of  the  Superintendent 
of  Public  Instruction  for  the  organization  and  conduct  of  the  sum- 
mer normal  schools,  to  audit  the  accounts  for  the  expenses  of  such 
schools,  and  issue  warrants  for  the  payment  thereof  as  other  war- 
rants are  issued  by  the  said  board. 

Ninth.  To  decide  appeals  from  the  decisions  of  the  Superin- 
tendent of  Public  Instruction :  provided,  that  all  the  facts  and  argu- 

*[Note,    however,    the    effect    of    a    later    statute — section    8    of    school 
law.] 


Public  Free  School  Law  19 

inents  in  each  case  shall  be  presented  in  writing,  and  in  such  form 
as  the  board  may  prescribe. 

Tenth.  To  order  the  sense  of  voters  to  be  taken  in  counties  or 
districts  on  all  matters  which  may  be  properly  so  referred  under 
the  provisions  of  the  school  law  whenever  deemed  proper  by  the 
board. 

Eleventh.  To  invest  the  capital  and  unappropriated  income  of 
the  literary  fund  in  bonds  of  this  State  or  of  the  United  States,  or 
in  bonds  of  railroad  companies  secured  by  first  mortgage  whose 
market  value  for  six  months  preceding  the  investment  has  not  been 
less  than  ninety  cents  on  the  dollar,  or  in  bonds  made  by  the  dis- 
trict school  boards  of  the  different  school  districts  in  this  State, 
constituting  a  lien  on  the  district  funds  in  the  different  districts, 
secured  by  deed  of  trust  on  the  school  property  in  said  districts 
in  which  said  bonds  are  invested.  The  said  board  may  call  in  any 
such  investment,  or  any  heretofore  made,  and  reinvest  the  same  as 
aforesaid  whenever  deemed  proper  for  the  preservation,  security, 
or  improvement  of  the  said  fund.  Whenever,  in  accordance  with 
this  section,  the  board  shall  invest  as  aforesaid  in  bonds  of  this 
State,  no  premium  shall  be  required  or  paid  on  such  investment. 
All  securities  for  money  belonging  to  the  literary  fund  shall  be  de- 
posited with  the  Second  Auditor  for  safe  keeping,  who  shall  re- 
turn with  his  annual  report  a  list  thereof  with  a  statement  of  their 
value. 

Twelfth.  To  audit  all  claims  which  are  to  be  paid  out  of  the 
literary  fund,  and  to  allow  so  much  thereof  as  shall  appear  to  be 
due:  provided,  that  not  more  than  ten  years  shall  have  elapsed 
when  by  law  such  claim  might  have  been  presented  for  payment. 
For  any  claims  so  allowed,  certified  by  the  secretary  and  presiding 
officer  of  the  board,  the  Second  Auditor  shall  issue  his  warrant  on 
the  treasurer,  signed  by  the  Second  Auditor  and  attested  by  one  of 
his  clerks.  All  money  belonging  to  the  literary  fund  shall  also  be 
received  into  the  treasury  on  the  warrant  of  the  Second  Auditor, 
who  shall  also  be  the  accountant  of  the  said  fund. 

Thirteenth.  To  approve  or  amend  the  schemes  prepared  by 
the  Supterintendent  of  Public  Instruction  for  apportioning  the 
money  appropriated  by  the  State  for  public  free  school  purposes 
among  the  several  counties  and  cities  of  the  State. 

Fourteenth.  To  determine  the  necessary  contingent  expenses 
of  the  office  of  the  Superintendent  of  Public  Instruction,  including 
stationery,  postage,  printing,  furniture,  and  other  .charges ;  to  ex- 
amine the  accounts  thereof  and  when  approved  to  issue  warrants 


20  Public  Free  School  Law 

on  the  Second  Auditor  for  the  payment  of  the  same,  said  warrants 
to  be  signed  by  the  secretary  and  the  presiding  officer  of  the  board. 

Fifteenth.  To  punish  division  superintendents  of  schools  for 
neglect  of  duty,  or  for  any  official  misconduct,  by  reasonable  fines, 
to  be  deducted  from  their  pay,  by  suspension  from  office  and  pay 
for  a  limited  period,  or  by  removal  from  office. 

Sixteenth.  To  appoint  a  board  of  directors,,  consisting  of  five 
members,  to  serve  without  compensation,  which  shall  have  the 
management  of  the  State  library  (except  the  law  library)  and  the 
appointment  of  a  librarian  and  other  employees  thereof,  subject  to 
such  rules  and  regulations  as  the  General  Assembly  shall  prescribe. 

Seventeenth.  To  observe  the  operations  of  the  public  free 
school  system,  to  regulate  such  matters  as  may  arise  in  the  practi- 
cal administration  thereof  not  otherwise  provided  for,  and  to  sug- 
gest to  the  General  Assembly  any  improvements  deemed  advisable 
therein,  and  for  which  the  said  board  has  no  power  to  provide. 

Eighteenth.  To  make  a  report  to  the  General  Assembly  at 
each  regular  session,  covering  the  annual  report  of  the  Superin- 
tendent of  Public  Instruction,  giving  an  account  of  the  operations 
of  the  board  for  the  two  school  years  immediately  preceding  the 
session  of  the  General  Assembly. 

Nineteenth.  To  perform  such  other  duties  as  may  be  prescribed 
by  law. 

Twentieth.  Such  reasonable  expenses  as  members  of  the  board, 
except  the  Governor,  the  Attorney-General,  and  the  Superintendent 
of  Public  Instruction,  may  incur  in  attending  the  meetings  of  the 
board,  or  any  committee  thereof,  shall  be  paid  from  the  funds  at 
the  command  of  the  board  by  warrant  on  the  Second  Auditor  as 
other  expenses  of  the  board  are  paid.  (Code;  Sec.  1433;  Acts 
1908,  page  530.) 

8.  State  Board  of  Education  to  make  written  contracts  luith 
publishers  of  text-books;  what  contracts  shall  contain,  and  so  forth.— 
1-  The  State  Board  of  Education  shall  enter  into  written  contracts 
with  the  publishers  of  text-books  adopted  for  use  in  the  public  free 
schools  of  the  Commonwealth,  and  the  said  contracts  shall  contain 
the  following  representations,  terms  and  conditions,  to-wit: 

(a)  That  the  wholesale  prices  named  in  said  contracts  are  in 
all  cases  as  low  as  the  wholesale  prices  at  which  said  books  are  sold 
anywhere  in  the  United  States,  and  that  the  retail  prices  named 
in  said  contracts  are  in  all  cases  as  low  as  the  retail  prices  at  which 
said  books  are  sold  anywhere  in  the  United  States,  taking  into  con- 


Virginia  School  Laws  21 


sideration  the  cost  of  distribution,  and  that  the  terms  of  exchange 
of  books  as  set  out  in  said  contracts  are  in  all  respects  as  favorable 
to  the  patrons  of  the  schools  of  Virginia  as  those  granted  by  the 
publisher  anywhere  in  the  United  States. 

(b)  That  if  the  prices  of  said  books  or  any  of  them  shall  at 
any  time  be  reduced,  or  the  terms  of  exchange  made  more  favor- 
able to  the  purchasers  anywhere  in  the  United  States,  the  same 
reduction  and  the  same  exchange  privileges  shall  thereupon  imme- 
diately  be  granted   throughout   Virginia,    and   the  publisher   shall 
immediately   notify   the   Superintendent   of   Public   Instruction   of 
such  changes. 

(c)  That  if  any  such  publisher  should  issue  any  special  or 
other  editions  of  any  such  books  and  sell  the  same  outside  of  the 
State  of  Virginia  at  lower  prices  than  those  named  in  said  con- 
tract, the  said  publisher  shall  furnish  the'  Superintendent  of  Pub- 
lic Instruction,  immediately  on  the  publication  of  said  edition,  a 
copy  thereof  together  with  a  statement  of  the  lowest  price  being 
charged  therefor,  and  thereupon  the  State  Board  of  Education  may, 
in  its  discretion,  require  said  publisher  to  issue  a  similar  edition 
for  Virginia,  adapted  in  text  to  use  in  this  State,  and  in  all  respects 
satisfactory  to  the  State  Board  of  Education;  and  the  said  edition 
for  Virginia  shall  be  sold  at  the  lowest   price  at  which   is   sold 
said  special  or  other  edition  issued  outside  of  this  State,  as  afore- 
said; and  if  said  publisher  fail  to  issue  said  similar  edition,  ap- 
proved by  the  State  Board  of  Education,  in  time  for  use  at  the 
beginning  of  the  next  school  year  following  the  issue  of  said  special 
or  other  edition  outside  of  this  State,  then  the  edition  mentioned 
in  the  contract  shall  be  sold  throughout  the  State  at  the  lowest  price 
said  special  or  other  edition  is  sold  outside  of  Virginia,  and  such 
reduced  price  shall  prevail  until  such  edition  is  issued  for  Vir- 
ginia, as  aforesaid. 

(d)  A  provision  under  which,  in  case  the  publisher  is  a  for- 
eign corporation  or  a  non-resident  of  this  State,  the  Secretary  of 
the  Commonwealth  shall  be  appointed  as  agent  upon  whom  process 
may  be  served  against  the  publisher  in  case  any  legal  proceedings 
be  commenced  to  enforce  any  rights  or  claims  arising  under  said 
contract. 

(e)  Any  other  representations,  terms  or  conditions  which  the 
said  Board  of  Education  may  deem  necessary  for  the  protection 
of  the  patrons  and  pupils  of  the  public  free  schools  or  to  the  in- 
terest of  the  public  school  system. 


22  Virginia  Scliool  Laws 


2-  Any     publisher     entering     into     any     contract     shall     fur- 
nish along  with  the  same  a  sample  copy  of  all  books  mentioned 
therein,  and  said  copies  shall,  in  all  cases,  be  identified  by  a  refer- 
ence to  the  date  of  said  contract  and  by  the  signature  of  the  pub- 
lisher on  the  fly-leaf  thereof;  and  all  books  furnished  in  pursuance 
of  said  contract  shall  in  all  respects   as  to  text,   paper,   binding, 
printing,    illustrations,    and   in   all   other   particulars   be  the   same 
as  the  sample  book  filed  with  the  contract  as  aforesaid,  except  such 
changes  as  may  be  agreed  upon  by  the  State  Board  of  Education. 

3-  And  the  State  Board  is  hereby  authorized,  in  its  discretion, 
to  enter  into  contracts  by  which  the  plates  used  in  printing  books 
may  be  rented  to  manufacturers,  in  order  that  the  same  may  be 
used  for  the  purpose  of  manufacturing  books  for  use  in  the  public 
free  schools  of  the  State. 

4-  The  State  Board  of  Education  is  authorized  to  enter  into 
any  contracts  pertaining  to  the  distribution  of  school  books,  which 
in  the  opinion  of  the  board  will  improve  the  system  of  distribution 
or  lessen  the  cost  of  books  to  the  patrons  of  the  public  schools. 

5-  And  each  of  said  contracts  shall  be  accompanied  by  an  affi- 
davit that  all  representations  made  therein  are  true,  and  that  the 
prices  and  terms  named,  therein  were  not  made  in  pursuance  of 
any  understanding,  agreement  or  combination  to  control  prices  of, 
or   restrict   competition   in,   the   sale   of   text-books;    and   the   said 
affidavit  shall  also  set  out,  in  such  detail  as  may  be  required  by 
the   Superintendent  of   Public   Instruction,    the   publisher's   lowest 
list  prices   of  the  books  named    in    the    contract    together    with 
the  lowest  wholesale,  retail  and  exchange  prices  of  the  same  any- 
where in  the  United  States,  whether  sold  to  patrons,  dealers,  school 
boards  or  others.     And  said  contracts  shall  also  be  accompanied  by 
a  bond,  with  good  and  sufficient  surety  in  the  penal  sum  of  not 
less  than  one  thousand  nor  more  than  twenty  thousand  dollars,  to 
be  approved  by  the  State  Board  of  Education  and  to  be  conditioned 
upon  the  performance  of  all  the  terms  and  conditions  of  said  con- 
tract and  the  payment  of  liquidated  damages  as  hereinafter  pro- 
vided for,  and  any  damages  in  excess  thereof  which  may  be  proved 
to  have  been  sustained  by  reason  of  the  violation  of  such  terms 
and  conditions. 

6-  Upon  the  discovery  of  any  misrepresentation  of  fact  in  said 
contract,  or  upon  the  violation  of  any  of  the  terms  or  conditions 
therein  contained,  the  publisher  violating  shall,  upon  the  demand 
of  the  said  Board  of  Education,  pay  as  liquidated  damages,   the 


Public  Free  School  Law  23 

sum  of  one  thousand  dollars  to  the  Commonwealth  of  Virginia  to 
the  credit  of  its  literary  fund,  and  in  all  cases  of  such  violation  the 
said  Board  of  Education  may,  in  its  discretion,  in  addition  to  its 
demand  for  liquidated  damages  as  aforesaid,  declare  said  contract 
null  and  void. 

7-  The  Superintendent  of    Public    Instruction  shall  take  care 
that  all  the  representations,  terms  and  conditions  of  said  contracts 
are  complied  with  and  shall  report  all  violations  of  the  same  to 
the  State  Board  of  Education,  and  if  said  board  be  of  the  opinion 
that  public  interests  so  require,  they  shall  instruct  the  Attorney 
General  to  institute  such  legal  proceedings  as  he  may  deem  proper 
in  the  premises. 

8-  It    shall    be    the   duty    of    all    division    superintendents    of 
schools,  school  trustees  and  teachers  to  notify  the  Superintendent 
of  Public  Instruction  promptly  of  any  departure  on  the  part  of 
dealers  from  the  retail  prices  of  books  as  fixed  by  the  State  Board 
of  Education   and  of  any   failure  to  furnish  promptly   all  books 
necessary  for  use  in  the  public  free  schools. 

8^-  All  votes  of  the  State  Board  of  Education  upon  ques- 
tions relating  to  the  adoption  of  and  contracts  for  text-books  for 
use  in  the  public  schools  of  the  Commonwealth,  shall  be  taken  in 
open  sessions  and  shall  be  recorded. 

9-  All  acts,  or  parts  of  acts,  in  conflict  with  this  act  are  hereby 
repealed. 

10-  In  as  much  as  the  said  Board  of  Education  is  now  nego- 
tiating contracts  for  text-books  to  be  used  in  the  public  free  schools 
during  the  coming  session,   this  act  is  hereby  declared  to  be  an 
emergency  act,  and  shall  be  in  force  from  its  passage.     (Acts  1915, 
page  110) 

9.  State  Board  of  Education  to  report  amount  paid  for  adopt- 
ed school  books. — The  State  Board  of  Education  is  hereby  required 
to  place  in  the  term  report  a  column  requiring  the  teachers  to  re- 
port the  amount  paid  for  adopted  school  books  for  each  pupil. 

The  Superintendent  of  Public  Instruction  and  the  State  Board 
of  Education  shall  adopt  such  rules  and  regulations  as  may  be 
necessary  to  obtain  this  information  and  incorporate  the  totals  in 
their  annual  report.  (Acts  1912,  page  562) 

10.  Board  of  Education  to  keep  certificates  of  West  Virginia's 
share  of  the  debt. — The  certificates  given  for  the  third  of  the  bonds 
set  apart  for  West  Virginia's  portion  of  the  debt  held  by  the  lit- 
erary fund  shall  be  safely   deposited  and  kept  by  the  Board   of 


24  Virginia  School  Laws 

Education,  subject  to  the  provisions  of  any  settlement  which  may 
be  had  between  this  State  and  the  State  of  West  Virginia  in  refer- 
ence to  the  public  debt  of  Virginia  created  prior  to  the  formation 
of  the  State  of  West  Virginia.  (Code,  Sec.  436.) 

Superintendent  of  Public   Instruction 

11.  His  election  and  term;  his  salary  and  traveling  expenses; 
vacancy   in   office;   qualification. — There   shall   be   elected   by   the 
qualified  voters  of  the  State  on  the  Tuesday  after  the  first  Monday 
in   November,   nineteen  hundred   and   five,   and   every   four  years 
thereafter,   a  Superintendent  of  Public  Instruction,   who  shall  be 
an  experienced  educator,  and  whose  term  of  office  shall  commence 
on  the  first  of  February  following  his  election:  provided,  that  the 
present  incumbent  of  the  office  or  his  successor  shall  continue  in 
office  until  February  first,  nineteen  hundred  and  six. 

His  salary  shall  be  fixed  by  the  General  Assembly,  and  he  shall 
be  allowed  his  necessary  traveling  expenses  while  engaged  in  the 
duties  of  his  office  a  sum  not  to  exceed  eight  hundred  dollars  in 
any  school  year:  provided,  that  this  amount  shall  be  in  full  of  all 
sums  now  set  apart  by  law  or  otherwise  for  necessary  traveling 
expenses,  but  is  in  no  way  to  affect  the  salary  of  the  said  Superin- 
tendent of  Public  Instruction. 

Any  vacancy  occurring  in  the  office  within  a  regular  term  shall 
be  filled  for  the  unexpired  term  by  the  State  Board  of  Education. 

Before  entering  upon  the  discharge  of  the  duties  of  the  office 
he  shall  take  and  subscribe  the  oath  prescribed  for  all  officers  of 
the  State.  (Code,  Sec.  1434) 

12.  The  bonds  of  certain  officers  and  of  their  clerks,  including 
the  Superintendent  of  Public  Instruction  and  his  clerks. — The  of- 
ficers and  clerks  herein  named   shall  each  give  bond,   with   suffi- 
cient sureties,  to  be  approved  by  the  Governor.     Such  surety  may 
be  either  personal  or  a  guaranty  or  trust  company.     If  any  clerk 
herein  required  to  give  bond  with  surety  shall  give  as  such  surety 
a  guaranty  company,  the  cost  thereof  shall  be  paid  by  the  Com- 
monwealth: provided,  that  the  charge  made  by  such  company  for 
becoming  such  surety  shall  be  approved  by  a  board  composed  of 
the  Governor,  Lieutenant-Governor,  and  Attorney-General  as  a  fair 
and  reasonable  charge. 

The  penalties  of  the  bonds  shall  be  as  follows:  Of  the  Secre- 
tary of  the  Commonwealth,  ten  thousand  dollars;  of  each  of  his 
clerks,  three  thousand  dollars;  of  the  State  Treasurer,  one  hun- 


Public  Free  School  Law  25 

dred  thousand  dollars;  of  each  of  his  clerks,  five  thousand  dollars; 
of  the  Superintendent  of  Public  Instruction,  ten  thousand  dol- 
lars ;  of  each  of  his  clerks,,  two  thousand  dollars ;  of  the  Commis- 
sioner of  Agriculture,  ten  thousand  dollars;  of  each  of  his  clerks, 
five  thousand  dollars;  of  the  Auditor  of  Public  Accounts,  thirty 
thousand  dollars;  of  each  of  his  clerks,  ten  thousand  dollars;  of 
the  Second  Auditor,  twenty  thousand  dollars;  of  each  of  his  clerks, 
seven  thousand  five  hundred  dollars;  of  the  Register  of  the  Land 
Office,  ten  thousand  dollars ;  of  the  Superintendent  of  Public  Print- 
ing, five  thousand  dollars.  (Code,  Sec.  225) 

13.  To  be  submitted  to  Attorney-General. — Each  of  the  said 
officers  and  clerks,  required  by  the  preceding  section  to  give  bond, 
shall   submit  his  bond  to  the  Attorney-General   for  his   examina- 
tion, and  in  case  of  his  inability  to  act,  by  reason  of  sickness  or 
otherwise,   to   such   person   learned   in   law   as   the   Governor  may 
select ;  and  if,  after  examination,  such  bond  is  found  to  be  in  proper 
form   and   legally   executed,   the   Attorney-General,    or  the  person 
so  selected  by  the  Governor,  shall  make  an  endorsement  on  it  to 
that  effect,     (Code,  Sec.  226) 

14.  Where  bonds  filed. — The  bond  of  each  of  the  said  officers 
and    clerks    mentioned    in    section    two    hundred    and    twenty-five, 
except  the   Auditor  of   Public  Accounts   and  his  clerks,    after   it 
shall  have  been  recorded  by  the  Secretary  of  the  Commonwealth, 
as  required  by   section   one  hundred   and   seventy-seven,    shall   be 
transmitted  by  him  to  the  Auditor  of  Public  Accounts,  who  shall 
file  the  same  in  his  office.     The  bonds  of  the  Auditor  of  Public 
Accounts  and  of  his  clerks,  after  they  have  been  recorded  as  afore- 
said, shall  be  retained  and  filed  by  the  Secretary  of  the  Common- 
wealth in  his  office.      (Code,  Sec.  228) 

15.  Superintendent  of  Public  Instruction  a  member  of  boards 
of  visitors. — The   Superintendent   of   Public   Instruction   is   made 
a  member  of  the  boards  of  visitors  of  the  following  named  insti- 
tutions : 

The  Virginia  Military  Institute— Code,  Sec.  1564. 

The  Virginia  Agricultural,  Mechanical  and  Polytechnic  In- 
stitute— Code,  Sec.  1591. 

State  Normal  School  for  Women  at  Farmville — Acts  of  As- 
sembly 1914,  page  567. 

Virginia  Normal  and  Industrial  Institute — Code,   Sec.   1613. 

Virginia  School  for  the  Deaf  and  Blind — Code,  Sec.  1653. 

William  and  Mary  College — Acts  of  Assembly  1906,  page  95. 


26  Virginia  School  Laws 

University  of  Virginia — Acts  of  Assembly  1906,  page  539. 

State  Normal  School  for  Women  at  Harrisonburg — Acts  of 
Assembly  1914,  page  567. 

State  Normal  School  for  Women  at  Fredericksburg — Acts  of 
Assembly  1914,  page  567. 

State  Normal  School  for  Women  at  Kadford — Acts  of  As- 
sembly 1914,  page  567. 

16.  Duties    of    Superintendent    of    Public    Instruction. — He 
shall  be  ex-officio  president  of  the  State  Board  of  Education,  by 
which  his  duties  shall  be  prescribed.      (Code,  Sec.  1436) 

Division  Superintendents 

/ 

17.  Division  Superintendent';   appointment;   term   of   office' 
vacancies;  his  qualification. — Within  sixty  days .  before  July  first, 
nineteen  hundred   and  five,   and  every  four  years   thereafter,   the 
State  Board  of  Education  shall,  subject  to  the  confirmation  of  the 
Senate,    appoint  one   division   superintendent   of   schools   for   each 
school  division  that  the  said  board  may,   in  its  discretion,   estab- 
lish according  to  law:  provided,  that  no  federal  officer,   except  a 
fourth-class  postmaster,  and  no  supervisor  or  county  or  State  officer, 
except  a  notary  public,   or  any   deputy  of  said   officers,   shall  be 
chosen  or  allowed  to  act  as  division  superintendent  of  schools. 

The  term  of  office  of  the  said  division  superintendent  shall  be 
four  years  from  the  first  day  of  July  following  his  appointment: 
provided,  that  the  superintendents  for  counties  and  cities  now  in 
office,  or  their  successors,  shall  continue  in  office  until  July  first, 
nineteen  hundred  and  nine  (1909). 

The  office  of  any  division  superintendent  shall  be  deemed  va- 
cant upon  the  refusal  of  the  Senate  to  confirm  his  nomination,  his 
removal  from  the  division  for  which  he  was  appointed,  his  engag- 
ing in  any  other  business  or  employment  during  his  term  of  office 
as  such  superintendent,  unless  such  superintendent  shall  have  been 
excepted  under  the  provisions  of  sub-section  first  of  section  four- 
teen hundred  and  thirty-three  of  the  Code  of  Virginia,  as  amended, 
[sub-sec,  first  of  section  7,  school  law],  his  resignation  or  his  re- 
moval from  office  by  the  State  Board  of  Education.  Every  division 
superintendent,  before  entering  upon  the  discharge  of  the  duties 
of  his  office,  shall  take  and  subscribe  the  oath  prescribed  for  all 
officers  of  the  State,  which  oath  shall  be  made  and  subscribed  be- 
fore a  circuit  or  corporation  court  having  jurisdiction  in  ois 
division,  or  before  the  judge  or  clerk  thereof  in  vacation.  As  soon 


Public  Free  School  Law  27 

as  the  oaths  shall  have  been  taken,  subscribed,  and  certified,  a  minute 
of  the  fact  shall  be  entered  in  the  records  of  the  said  court,  and 
a  certificate  of  the  clerk,  setting  forth  the  qualification  and  its 
record,  shall  be  furnished  the  Superintendent  of  Public  Instruc- 
tion for  record  in  his  office.  (Code,  Sec.  1437) 

18.  His  salary- — The  said  superintendent  shall  receive,  to  be 
paid  in  monthly  instalments  out  of  the  State  school  fund  on  the 
warrant  of  the  State  Board  of  Education  drawn  upon  the  Second 
Auditor,  forty  dollars  for  every  thousand  of  population  under  his 
jurisdiction   for   the   first   ten   thousand;     twenty-five    dollars    for 
every  thousand  in  excess  of  ten  up  to  and  including  thirty  thou- 
sand, and  fifteen  dollars  for  every  thousand  in  excess  of  thirty  thou- 
sand, rejecting  in  each  case  fractions  of  less  than  five  hundred: 
provided,    that   the   pay   of   a   superintendent   from   funds   in    the 
State  treasury  shall    not,  in  any  case,  be  less  than  two    hundred 
dollars  a  year :  and  provided  further,  that  when  a  school  division 
is  composed  of  more  than  one  county,   or  of  a  city   and  one  or 
more  counties,   the  salary  of  the  superintendent   of   such   division 
may,   in  the  discretion  of  the  State  Board  of  Education,  be  the 
aggregate  of  the  amounts  found  by  estimating  what   such  salary 
would  be  in  each  of  said  counties  and  city  if  each  of  the  same 
composed  a  separate  school  division. 

The  board  of  supervisors  of  any  county,  or  the  council  of  any 
city,  may,  out  of  any  surplus  of  any  funds  in  the  treasury  of  such 
county  or  city,  or  the  county  or  city  school  board  may,  out  of  the 
local  school  fund,  supplement  the  salary  of  the  superintendent  of 
schools  for  the  division  in  which  said  county  or  city  may  be  lo- 
cated: provided,  that  the  salary  of  any  such  division  superinten- 
dent shall  not  be  increased  or  diminished  by  any  such  said  city 
council  or  county  board  of  supervisors  during  his  term  of  office. 
(Code,  Sec.  1438) 

19.  How  salaries  of  Superintendents  paid. — The  salaries  of 
division  superintendents  of  schools,  so  far  as  payable  by  the  State, 
shall  be  paid  out  of  the  bulk  of  the  State  school  funds  as  distin- 
guished from  the  appropriations  from  the  same  to  the  several  coun- 
ties.    (Code,  Sec.  1519) 

20.  Powers  and  duties. — The  powers  and  duties  of  the  division 
superintendent  shall  be  fixed  by  the   State  Board  of  Education. 
(Code,  Sec.  1439) 

21.  Requisition  by  Treasurer  for  State  funds;  to  notify  Su- 
perintendent  when  received. — At   the   proper   time   each    division 


28  Virginia  School  Laws 


superintendent  of  schools  shall  notify  the  county  treasurer  in  writ- 
ing that  the  State  money  apportioned  to  the  county  in  cash  is  ready 
for  distribution,  whereupon  the  county  treasurer  shall  forthwith 
make  requisition  in  due  form  upon  the  Second  Auditor  for  the 
amount  specified;  and  as  soon  as  the  money  has  been  received  into 
the  county  treasury  it  shall  be  the  duty  of  the  treasurer  to  inform 
the  division  superintendent  of  the  fact.  (Code,  Sec.  1516) 

School  Trustee  Electoral  Board 

22.  School  trustee  electoral  board;  composition;  duties;  com- 
pensation.— In  each  county  there  -shall  be  a  board,  to  be  known  as 
the  school  trustee  electoral  board,  which  shall,  until  February  first 
nineteen  hundred  and  four,  be  composed  of  the  county  judge,  the 
attorney  for  the  Commonwealth,   and  the  division  superintendent 
of  schools ;  but  after  the  first  day  of  February,  nineteen  hundred 
and  four,  the  said  board  shall  be  composed  of  the  attorney  for  the 
Commonwealth,  the  division  superintendent  of  schools,  and  a  resi- 
dent qualified  voter  who  is  not  a  county  or  State  officer,  to  be  ap- 
pointed by  the  judge  of  the  circuit  court  on  or  within  thirty  days 
after  the  first  day  of  February,  nineteen  hundred  arid  four,  and 
every  four  years  thereafter.     This  resident  qualified  voter  shall  re- 
ceive a  per  diem  of  two  dollars  for  each  day  actually  employed,  to 
be  paid  out  of  the  county  school  fund;  but  when  acting  as  a  mem- 
ber of  the  board  of  appeals,  according  to  the  provisions  of  section 
fourteen   hundred   and   eighty-seven    [section    29    of    school   law], 
he  shall  receive  two  dollars  per  day,  to  be  paid  out  of  the  district 
fund  of  the  district  in  which  the  service  is  rendered.     The  said 
appointee  shall  qualify  before  the  clerk  of  the  said  circuit  court, 
and  shall    serve    for    a    term  of    four  years  from  the  first  day  of 
March,  nineteen  hundred  and  four.     Any  vacancy  occurring  within 
the  term  of  the  said  appointee  shall  be  filled  by  the  said  circuit- 
judge  within  thirty  days  thereafter.     (Sec.  1450) 

23.  Clerk  and  Chairman. — The  division  superintendent  shall 
be  clerk,  and  the  board  shall  elect  one  of  its  members  chairman. 
(Code,  Sec.  1451) 

24.  Term  of  office;  mode  of  filling  vacancies,  and  so  forth; 
qualifications  of  trustees. — The  school  trustee  electoral  board  shall 
appoint  one  school  trustee  for  the  several  school  districts  in  their 
respective  counties  not  more  than   thirty   days   before   September 
first,  nineteen  hundred  and  six,  whose  term  of  office  shall  be  three 
years  from  said  September  first,  nineteen  hundred  and  six,   and 


Public  Free  School  Law  29 

thirty  days  before  September  first,  nineteen  hundred  and  six,  and 
thirty  days  before  September  first  of  each  succeeding  year  there- 
after, one  school  trustee  for  each  district,  whose  term  of  office  shall 
begin  on  the  first  day  of  September  of  that  year  and  continue  for 
three  years.  And  the  terms  of  the  present  trustees  are  hereby  ex- 
tended to  the  first  day  of  September  succeeding  the  term  for  which 
they  were  appointed.  Said  boards  shall  fill  vacancies  occurring 
within  a  regular  term  for  the  unexpired  part  thereof. 

~N'o  person  who  is  unable  to  read  and  write  shall  be  appointed 
a  trustee.     (Code,  Sec.  1454) 

25.  Power  of  board  to  declare  and  fill  vacancies  and  to  deter- 
mine appeals. — The  board  shall  furthermore  have  power,   and  it 
shall  be  its  duty,  to  declare  vacant  and  proceed  to  fill  the  office 
of  any  trustee  who  fails  to  qualify  and  to  deliver  to  the  clerk  of 
this  board  his  official  oath  in  the  usual  form  within  thirty  days 
after  he  has  been  notified  by  said  clerk  of  his  appointment.     The 
board  shall  also  vacate  the  office  of  any  and  every  trustee  who  fails 
to  discharge  the  duties  of  his  office  according  to  law.     In  the  in- 
vestigation of  any  such  alleged  failure,  or  in  hearing  any  case  of 
appeal  referred  to  it  under  this  chapter,  the  electoral  board  shall 
have  power  to  issue  summonses  and  rules  to  witnesses  to  appear 
before  it,  and  to  require  to  be  produced  before  it  any  official  records, 
papers,  or  books  pertaining  to  the  case,  and  for  failure  to  obey  such 
summons  or  order  the  board  may  impose  a  fine  not  exceeding  ten 
dollars  for  each  offence.      The  chairman  of  the  board  shall  have 
power  to  administer  an  oath  to  any  witness  appearing  before  it. 
The  said  board  is  hereby  constituted  a  permanent  board  of  appeal 
to  hear  and  determine  all  complaints  that  may  be  referred  to  it 
under  the  provisions  of  section  fourteen  hundred  and  eighty-seven 
of  this  chapter — [section  29  of  school  law].     (Code,  Sec.  1455) 

26.  Meetings  of  board. — Any  member  may  call  a  meeting  by 
giving  due  notice  to  the  other  two  members.     Any  two  members 
shall  constitute  a  quorum;  a  concurrence  of  a  majority  of  the  board 
in  a  duly  assembled  meeting  shall  be  required  to  constitute  a  valid 
act,     (Code,  Sec.  1456) 

27.  Cleric  of  board;  his  duties. — It  shall  be  the  duty  of  the 
clerk  of  the  board  to  record  all  proceedings  in  a  bound  volume, 
which  record  book,  together  with  such  stationery  and  postage  as 
may  be  required  for  correspondence  with  trustees,  shall  be  paid  for 
out  of  the  county  school  fund  on  the  warrant  of  the  said  board, 


30  Virginia  School  Laws 

provided  the  cost  of  the  same  shall  not  exceed  five  dollars  in  any 
one  year.  The  clerk  shall  furnish  the  Superintendent  of  Public 
Instruction  with  a  list  of  the  school  trustees  of  each  district  of  the 
county,  their  postoffices  and  date  of  appointment,  and  such  other 
information  as  may  be  called  for.  He  shall  promptly  notify  the 
board  when  unexpected  vacancies  occur,  and  shall  also  notify  the 
same  thirty  days  in  advance  of  the  expiration  of  regular  terms  of 
office,  so  that  the  district  boards  may  be  kept  full  and  no  members 
left  to  hold  over  unnecessarily.  He  shall  promptly  notify  all 
trustees  of  their  appointment,  and  also  forward  to  the  same  blank 
copies  of  the  official  oath,  to  be  furnished  by  the  Superintendent  of 
Public  Instruction.  (Code,  Sec.  1457) 

28.  Appointment  of  trustees  by   councils. — Nothing    in    this 
chapter  shall  be  construed  as  giving  authority  to  said  board  to  inter- 
fere in  any  way  with  the  appointment  of  school  trustees  by  munici- 
pal councils,  or  to  disturb  in  any  way  the  law  bearing  011  the  action 
of  said  municipal  councils  in  the  premises.     (Code,  Sec.  1458) 

29.  Appeals. — Any  five  interested  heads  of  families,  residents 
of  the  district,  who  may  feel  themselves  aggrieved  by  the  action 
of  any  district  school  board,  may,  within  thirty  days  after  such 
action,   state  their  complaint  in  writing  to  the   division   superin- 
tendent of  schools,  who,   if  he  cannot  within  ten   days   after  the 
receipt  of  the  said  complaint  satisfactorily  adjust  the  same,  shall 
grant  an  appeal  to  the  school  trustee  electoral  board,  which  shall 
meet  in  the   district  where  such   complaint  originated,    and   shall 
summon  witnesses  and  decide  finally  all  questions  at  issue.     Any 
action  taken  or  had  by  this  board  shall  be  recorded  in  its  minutes 
and  also  in  the  record  book  of  the  district  board  whose  action  is 
reviewed.     (Code,  Sec.  1487) 

School  Trustees 

30.  School  trustees,  their  number  and  term. — There  shall  be 
three  school  trustees  for  each  school  district,  whose  term  of  office 
shall  be  three  years,  respectively.     (Code,  Sec.  1453) 

31.  Who  cannot  be  trustee. — No  federal,  State  or  county  of- 
ficer, or  any  deputy  of  such  officer,   and  no  supervisor,   shall  be 
chosen  or  allowed  to  act  as  district  school  trustee:  provided,  that 
the  provisions  herein  contained  shall  not  apply  to  fourth-class  post- 
masters,   county    superintendents  of  the  poor,    commissioners    in 


Public  Free  School  Law  31 

chancery,  commissioners  of  accounts,  and  notaries  public.      (Code, 
Sec.  1459;  Acts  1908,  page  187) 

32.  Must  be  a  resident  of  district  and  take  oath. — Every  school 
trustee  shall,  at  the  time  of  his  appointment,  be  a  resident  of  the 
school  district  for  which  he  is  appointed,  and  if  he  shall  cease  to 
be  a  resident  thereof  his  office  shall  be  deemed  vacant.     Before  en- 
tering upon  the  discharge  of  the  duties  of  his  office  he  shall  take 
and  subscribe  the  oath  prescribed  for  officers  of  the  State  before 
the  division  superintendent  of  schools  or  any  other  officer  authorized 
to  administer  an  oath.     The  officer  administering  the  said  oath  shall 
certify  the  same  to  the  clerk  of  the  circuit  court,   and  the  said 
clerk  shall  make  in  his  record  book  a  minute  of  the  qualification 
of  said  trustee.     And  no  fee  shall  be  charged  for  either  service. 
(Cdde,  Sec.  1460) 

County  School  Board 

33.  County  school  board,  how  constituted;  to  be  a  corporation. 
The  division  superintendent  of  schools,  together  with  the  district 
school  trustees  in  each  county,  including  those  in  towns  constitut- 
ing separate  school  districts,  for  certain  purposes  hereinafter  speci- 
fied,  shall   constitute   a   body  corporate,   under   the   style   of   "the 
county  school  board  of  -  -  county,"  and  may,  in  its  corporate 
capacity,  sue  and  be  sued,  contract  and  be  contracted  with,  and  pur- 
chase, lease,  take,  hold  and  convey  property.     This  board  shall  be 
subject  to  the  higher  authority  in  like  manner  as  the  district  boards. 
(Code,  Sec,  1441) 

34.  Officers  of  board. — The  division  superintendent  of  schools 
shall  be  ex-officio  president  of  the  county  school  board,  and  it  shall 
be  the  duty  of  the  said  board,  at  its  first  meeting,  and  on  the  occur- 
rence of  a  vacancy  afterwards,  to  elect  one  of  its  members  vice- 
president.     (Code,  Sec.  1442) 

35.  Meetings  of  board. — It  shall  be  the  duty  of  the  president 
to  call  meetings  of  the  board  whenever  in  his  judgment  such  meet- 
ings are  needed,  and  also  when  requested  to  do  so  by  two  chairmen 
of  the  district  boards  of  the  county.     (Code,  Sec.  1443) 

36.  By-laws,  records  and  clerk. — The  county  school  board  shall 
make  and  record,  in  a  bound  volume,  by-laws  and  regulations  for 
its  own  government  and  for  carrying  out  all  duties  imposed  upon 
it  by  law ;  and  shall  keep,  in  said  volume,  a  record  of  the  proceed- 
ings of  each  meeting.     It  may  appoint  a  clerk,  at  discretion,  who 
shall  receive  as  compensation  three  dollars  per  day  for  each  day  the 


32  Virginia  School  Laws 


board  is  in  session,  not  exceeding  ten  dollars  per  annum,  which, 
compensation,  together  with  necessary  expenses  and  contingent  ex- 
penses attending  the  transaction  of  business  by  the  board,  may  be 
paid  out  of  any  funds  under  the  control  of  the  board.  (Code,  Sec. 
1444) 

37.  Annual  meetings. — The  board  shall  hold  a  regular  annual 
meeting  between  the  first  and  fifteenth  day  of  August,  the  exact  date 
to  be  fixed  by  the  board  itself,  or,  in  default  thereof,  by  the  presi- 
dent,    (Code,  Sec.  1445) 

38.  Annual  report. — The  board  shall  make  an  annual  report 
to  the  Superintendent  of  Public  Instruction,  through  the  division 
superintendent  of  schools,  011  or  before  the  tenth  day  of  Septem- 
ber of  each  year,  which  shall  give  in  detail  its  official  acts  for  the 
year  closing  the  thirty-first  day  of  July  preceding.      (Code,   Sec. 
1446) 

39.  Powers  and  duties  of  board- — First.    Expenses  of  trustees. 
The  county  school  board  may  order  any  district  school  board  of  the 
county  to  pay  to  each  school  trustee,  except  the  clerk -of  the  board, 
a  sum  not  to  exceed  ten  dollars  in  any  one  year  to  cover  the  expenses 
of  said  trustee  for  attendance  upon  the  meetings  of  the  county  and 
the  district  school  boards. 

Second.  Estimate  of  expenses. — It  shall  be  the  duty  of  the 
county  school  board  of  each  county,  on  or  before  the  first  day  of 
April  of  each  year,  to  prepare  and  file  with  the  division  superintend- 
ent of  schools  an  estimate  of  the  amount  of  money  which  will  be 
needed  during  the  next  scholastic  year  for  the  support  of  the  public 
free  school  system  of  the  county,  and  at  the  same  time,  after  care- 
fully revising  the  estimates  of  the  district  boards  of  trustees  sub- 
mitted to  the  county  board  in  accordance  with  the  provisions  of  sec- 
tion fourteen  hundred  and  sixty-six  of  this  chapter  [section  49  of 
school  law],  to  prepare  and  file  with  said  superintendent  separate 
estimates  of  the  necessary  experises  of  the  public  free  schools  in 
each  school  district  of  the  county  for  the  next  scholastic  year,  which 
estimate  shall  be  submitted  by  him  to  the  board  of  supervisors  at  a 
regular  meeting. 

Third.  Apportionment  of  county  fund. — The  county  school 
fund  shall  be  apportioned  by  the  county  school  board  among  the 
several  districts  of  the  county  according  to  its  judgment  having  due 
regard  to  maintaining,  as  far  as  practicable,  a  uniform  term  through- 
out all  of  the  districts:  provided,  that  such  primary  and  grammar 
schools  as  may  be  established  in  any  school  year  shall  be  maintained 


Public  Free  School  Law  33 

at  least  four  months  of  that  school  year  before  any  part  of  the  fund 
assessed  and  collected  may  be  devoted  to  the  establishment  of  schools 
of  a  higher  grade. 

Fourth.  Property  vested  in  and  managed  by  county  board; 
counsel. — All  money,  bonds,  stocks,  debts,  funds,  effects  and  other 
property,  real  or  personal,  held  by  individuals  by  virtue  of  their 
office  of  school  commissioner  or  overseers  of  the  poor  of  any  of  the 
counties  of  this  Commonwealth,  except  the  county  of  Loudoun, 
under  any  act  heretofore  passed  by  the  General  Assembly  of  Vir- 
ginia, acquired  or  derived  from  the  sale  of  glebe  lands,  or  from  any 
other  source  formerly  belonging  to  any  of  the  said  counties,  and 
applicable  to  school  purposes;  also  such  real  or  personal  estate  in 
any  of  the  said  counties  as  belonged  to  the  former  board  of  the 
literary  fund,  together  with  any  other  funds  or  property  which  had 
in  any  manner  been  set  apart  for  school  purposes,  but  which  has 
been  practically  abandoned  or  is  without  trustees;  and  any  funds 
or  property  that  may  be  hereafter  set  apart  solely  for  county  school 
purposes,  and  all  donations,  by  will,  deed,  or  other  conveyances, 
heretofore  or  hereafter  made  for  county  or  district  school  purposes, 
the  lot  and  school  building  and  all  the  real  and  personal  property 
acquired  for  the  use  of  a  county  or  district  high  school,  or  for  the 
maintenance  thereof,  shall  be  vested  in  the  said  county  or  district 
school  board  of  the  said  counties,  respectively,  unless  inconsistent 
with  the  grant  or  devise,  upon  such  terms  and  conditions  for  the 
security  of  the  same  as  the  circuit  court  of  said  county  shall  pre- 
scribe. The  said  board  or  boards  shall,  when  not  inconsistent  with 
the  terms  of  the  grant  or  devise,  invest  and  manage  the  same,  and 
apply  the  profits  thereof  for  the  purpose  of  education  in  the 
same  manner  and  under  the  same  restrictions  as  the  general  school 
fund  of  the  State  is  applied  under  the  general  school  law  of  the 
State,  except  that  the  said  boards  are  authorized  to  apply  such 
portions  of  the  profits  of  the  funds  as  in  their  judgment  may  be 
necessary  to  the  erection  of  school-houses  in  their  said  counties,  re- 
spectively, or  to  the  purchase  of  school  apparatus  for  the  use  of 
schools.  But  if  such  fund  does  not  exceed  in  amount  the  sum  of 
two  thousand  dollars,  the  said  board  or  boards  may,  if  in  their 
judgment  expedient,  use  such  fund  in  whole  or  in  part  in  the  erec- 
tion of  school-houses  in  their  said  counties  or  districts  or  in  paying 
any  debt  which  may  have  been  incurred  by  said  county  or  district 
boards  in  the  erection  of  school-houses ;  provided,  that  such  disposi- 


34  Virginia  School  Laws 


tion  is  not  in  conflict  with  the  will  of  the  grantor  or  testator.  In 
cases  where  funds  or  other  property  are  held  by  trustees  for  pur- 
poses of  common  school  education  the  county  school  board  shall  have 
power,  and  it  shall  be  its  duty,  to  examine  into  the  manner  in  which 
such  trusts  are  administered;  and  all  such  trustees  are  hereby  re- 
quired to  render  reports  to  the  county  board  whenever  called  on, 
and  to  afford  every  facility  wanted  by  said  board  in  order  to  obtain 
a  full  understanding  of  all  the  points  connected  with  such  adminis- 
tration ;  and  should  such  examination  reveal  any  defect  or  irregular- 
ity in  the  administration  of  such  trust  funds  or  other  property,  it 
shall  be  the  duty  of  the  county  school  board  to  institute  prompt  pro- 
ceedings for  carrying  the  matter  before  the  civil  courts.  In  cases 
where  donations  or  other  funds  have  been  set  apart  for  the  education 
of  the  poor,  the  county  school  board  is  authorized  to  receive  and  ap- 
ply the  same  in  connection  with  the  public  free  schools  in  obedience 
to  the  will  of  the  donor.  The  county  school  board  of  any  county 
may  employ  counsel,  and  provide  for  and  direct  the  payment  of 
reasonable  attorney's  fees  whenever  such  action  may  be  necessary 
for  effectuating  the  purposes  and  objects  of  this  section,  or  for  the 
protection  of  the  public  schools  of  the  county,  or  of  any  school 
district  thereof,  from  loss  or  detriment  from  any  cause:  provided, 
that  no  such  fee  shall  be  paid  or  allowed  by  such  board  unless  or 
until  the  same  shall  have  been  approved  by  the  court  in  which  such 
litigation  was  had:  provided  further,  that  nothing  in  this  law  con- 
tained shall  be  construed  to  apply  to  the  twenty-fifth  clause  of  the 
will  of  Samuel  Miller,  deceased,  or  in  any  wise  to  affect  or  impair 
any  rights  or  interest  whatsoever,  either  public  or  private,  arising 
under  said  clause,  or  to  any  fund  now  held  by  the  Charlottesville 
district  school  board  of  Albemarle  county,  known  as  district  number 
five.  (Code,  Sec.  1447) 

40.  Authorizing  county,  district  and  city  school  boards  to  sell 
or  exchange  public  school  property. — Any  county,  district  or  city 
school  board  may  file  its  petition  in  the  circuit  court  of  its  city  or 
county,  or  the  corporation  or  the  hustings  court  of  its  city,  or  before 
the  judge  thereof  in  vacation,  asking  leave  to  sell  or  exchange  any 
public  school  property  which  in  its  judgment  it  is  desirable  to  sell 
or  exchange,  and  upon  evidence  being  produced  before  the  court,  or 
judge  thereof  in  vacation,  that  such  sale  or  exchange  is  proper  to  be 
made,  the  said  court,  or  judge  thereof  in  vacation,  shall  make  such 
order  as  may  be  proper  providing  for  the  sale  of  said  property,  or 


Public  Free  School  Law  35 

that  the  same  may  be  exchanged:  provided,  that  if  the  said  school 
property  is  sold  it  shall  be  sold  to  the  highest  bidder  at  public  auction 
after  due  public  notice  of  time  and  place  of  sale  be  made  known  by 
posting  notices  in  the  school  district  or  city  in  which  said  school 
property  is  located,  and  in  case  of  sale  of  said  property  the  court  or 
judge  shall  make  an  order  for  the  proper  use  or  investment  of  the 
proceeds  of  the  same;  the  court  may  make  such  order  as  to  the  cost 
as  to  it  may  seem  proper.  In  case  of  sale  or  exchange  of  district 
school  property  the  deed  for  the  same  shall  be  made  by  the  school 
trustees  of  the  district  or  districts  in  which  the  property  is  situated. 
(Code,  Sec.  1466a) 

41.  Proceedings  against  officers,  and  so  forth,  to  compel  set- 
tlements of  accounts. — The  county  school  board  shall  have  power, 
and  it  shall  be  its  duty,  in  the  event  of  any  delinquency  or  irregu- 
larity in  the  acts  of  any  treasurer,  district  board  of  trustees,  or  of 
any  officer  or  member  thereof,  to  take  such  steps  and  institute 
such  legal  proceedings  as  may  be  necessary  and  proper  in  order  to 
secure  a  complete  settlement  of  the  accounts  of  such  treasurer, 
board  of  trustees,  officers,  or  member  thereof,  and  a  full  and  clear 
exhibit  of  the  transactions  of  said  officer  or  board  in  connection 
with  the  receipts  and  disbursements  of  any  funds  for  public  school 
purposes,  and  to  compel  the  payment  of  any  balance  that  may  be 
in  the  hands  of  such  treasurer,  board  of  trustees,  officer,  or  mem- 
ber thereof.  The  county  school  board  shall  have  power,  and  it  shall 
be  its  duty,  to  take  such  steps  and  institute  such  legal  proceedings 
as  may  be  necessary  and  proper  to  secure  a  complete  settlement 
of  the  accounts  of  any  trustees  to  whom  any  funds  or  other  prop- 
erty for  the  purpose  of  common  school  education  shall  have  been 
entrusted,  and  to  secure  a  full  and  proper  administration  of  the 
said  trusts;  and  to  this  end  it  may  apply  to  the  courts  for  the  re- 
moval, for  good  cause  shown,  of  the  old  trustees,  and  for  the  ap- 
pointment of  new  trustees,  either  in  place  of  those  so  removed  or 
to  fill  vacancies,  and  to  institute  such  suits  or  actions  as  may  be 
necessary  to  compel  the  payment  of  any  balances  in  the  hands  of 
the  old  trustees  so  removed,  or  to  correct  any  defect  or  irregularity 
whatever  in  the  administration  of  such  trust  fund  or  other  prop- 
erty. It  shall  be  the  duty  of  the  attorney  for  the  Commonwealth  to 
act  as  attorney  for  the  said  county  school  board,  and  to  institute  such 
legal  proceedings  as  the  said  board  may  think  proper  and  necessary. 
(Code,  Sec.  I486) 


36  Virginia  School  Laws 

District  School  Boards 

42.  District  school  boards;  quorum,  chairman  and  clerk. — In 
each  school  district  there  shall  be  a  district  school  board,  consisting 
of  three  trustees,  who  shall  be  appointed  as  prescribed  by  section 
fourteen  hundred  and  fifty-four  [section  24  of  school  laws]  of  this 
chapter.     In  case  the  State  Board  of  Education,   in  redistricting 
any  county,  shall  reduce  the  number  of  school  districts,  it  shall  pro- 
vide for  vacating  the  offices  of  such  trustees  as  may  be  necessary  to 
conform  to  the  provisions  of  this  section.     Each  board  of  school 
trustees,  any  two  of  whom  shall  constitute  a  quorum,  shall  appoint 
one  of  their  number  chairman   and   another   clerk.      (Code,    Sec. 
1461) 

43.  Clerks  of  district  boards  to  take  census  of  school  popula- 
tion; their  pay. — The  clerk  of  each  district  school  board,   during 
the  month  of  April  or  May,  nineteen  hundred  and  ten,  and  every 
five  years  thereafter,   shall,   in  proper  person  or  by  deputies  ap- 
proved by  the  division  superintendent  of  schools,  take  a  census  of 
all  persons  between  the  ages  of  seven  and  twenty  years  residing 
within  the  school  district,  and  gather  statistics  relating  to  the  in- 
terests of  education  in  said  district,   according  to  the  forms  fur- 
nished by  the  Superintendent  of  Public  Instruction.     The  lists  thus 
prepared   shall   be   submitted   for   careful   revision   to   the   district 
school  board  as  soon  as  may  be  after  their  completion,  and  shall  at 
all  times  be  open  to  the  inspection  of  any  citizen.     When  so  revised, 
they  shall  be  submitted,  along  with  the  other  papers  of  the  district, 
to  the  county  board  at  its  annual  meeting,  and  immediately  there- 
after delivered  to  the  division  superintendent.     For  said  service  the 
clerk  or  his  deputy  shall  receive  compensation  out  of  the  district 
school  fund  at  the  rate  of  three  dollars  per  hundred  of  the  children 
listed  by  him,  subject  to  the  abatement,  on  the  discovery,  before  or 
after  the  settlement  of  the  account,  of  errors  or  omissions  in  the  list, 
or  to  a  fine  by  the  district  board,  as  provided  in  section  fourteen 
hundred  and  seventy-four  [section  72  of  school  law].     (Code,  Sec. 
1462) 

44.  Clerk  to  take  census  of  the  deaf  and  the  blind;  hi^s  pay; 
superintendents  to  transmit  consolidated  reports  to  the  school  for  the 
deaf  and  the  blind. — He  shall,  at  the  same  time,  also  take  a  separate 
census  of  the  deaf  and  the  blind  persons  between  said  ages  residing 
within  the  school  district,  giving  the  sex,  age,  and  residence  of  each, 
and  return  a  copy  thereof  to  the  division  superintendent.     For  this 


Public  Free  School  Law  37 

service  he  shall  receive  a  compensation  similar  to  that  allowed  for 
listing  other  children  and  out  of  the  same  fund.  The  superinten- 
dent shall  consolidate  the  reports  of  the  county  and  transmit  the 
same  to  the  superintendent  of  the  school  for  the  deaf  and  blind. 
(Code,  Sec.  1463) 

45.  Authorizing  a  new  school  census  when  boundaries  of  dis- 
trict are  changed. — Whenever  the  boundaries  of  any  school  district 
or  districts  are  changed  it  shall  be  the  duty  of  the  division  super- 
intendent of  schools  to  cause  a  census  to  be  taken  by  some  person 
selected  by  him  of  the  school  children  of  the  territory  or  territories 
concerned,  which  census  shall  show  which  of  the  children  on  the 
census  books  of  the  preceding  regular  census  of  school  children, 
made  under  the  provisions  of  section  fourteen  hundred  and  sixty- 
two  of  the  Code  [section  43  of  the  school  law],  both  white  and  col- 
ored, have  been  transferred,  naming  the  districts,  respectively,  from 
which  they  come  and  to  which  theV  are  transferred,  and  when  said 
census  is  certified  as  required  by  section  fourteen  hundred  and  sixty- 
two  of  the  Code  of  Virginia,  it  shall  be  the  duty  of  the  division  su- 
perintendent to  amend  the  last  census  of  the  division  in  accordance 
with   said    report   and   thereafter    to   apportion   the   school   funds 
amongst  the  school  districts  of  the  division  in  accordance  with  the 
said  amended  census.     The  census  herein  required  shall,  except  as 
herein  provided,  be  taken  in  accordance  with  the  provisions  of  said 
section  fourteen  hundred  and  sixty-two  of  the  Code  of  Virginia,  and 
the  cost  thereof  shall  be  borne  by  the  school  districts  to  which  terri- 
tory is  annexed,  in  proportion  to  their  respective  increases  of  school 
population.     (Code,  Sec.  1463a) 

46.  Providing  for  the  apportionment  of  school  funds  and  for 
taking    the    census  of  children  in  school  districts  situated  in  more 
than  one  county. — Whenever  a  school  district    is    situated    in  more 
than  one  county  of  this  State,  and  the  counties  in  which  such  school 
district  is  located  collect  or  apportion  county  or  State  taxes,  or  both, 
therein,  then  the  division  superintendent,   or  county  school  board 
of  each  of  said  counties,  shall  make  such  pro  rata  apportionment  of 
county  and  State  school  funds  in  that  portion  of  said  school  district 
located  in  such  county  as  is  made  to  the  other  school  districts  of  such 
county;  and  in  taking  the  school  census  of  such  district  the  clerk, 
or  other  person  taking  the  census,  shall  show  in  which  county  each 
child  enumerated  resides.     (Acts  1910,  page  208) 

47.  Clerics  to  keep  record  of  proceedings  of  boards;  accounts 


38  Virginia  School  Laws 

open  io  inspection. — He  shall  keep  in  a  bound  volume  a  record  of 
the  proceedings  of  the  board,  and  in  another  book  a  cash  account 
and  a  record  of  his  own  official  acts,  and  shall  keep  on  file  vouchers, 
contracts  and  other  official  papers;  all  of  which  shall  be  open  to  the 
inspection  of  the  division  superintendent  of  schools  and  of  every 
citizen  of  the  district,  and  shall  be  subject  to  such  periodical  exami- 
nations as  shall  be  prescribed  by  the  State  Board  of  Education. 
(Code,  Sec.  1464) 

48.  To  discharge  other  duties;  their  pay. — He  shall  discharge 
such  other  duties  in  connection  with  the  school  business  of  the  dis- 
trict as  may  be  required  of  him,  and  for  his  services  may  be  allowed 
out  of  the  district  fund  an  amount  not  exceeding  three  dollars  for 
each  teacher.     (Code,  Sec.  1465) 

49.  Powers  and  duties  of  district  boards  of  school  trustees. — 
The  duties  of  the  district  board  of  school  trustees  shall  be,  in  gen- 
eral, as  follows: 

First.  To  explain,  enforce,  and  observe  the  school  laws,  and  to 
make  rules  for  the  government  of  the  schools  and  for  regulating  the 
conduct  of  pupils  going  to  and  returning  from  school. 

Second.  To  employ  teachers  and  to  dismiss  them  when  delin- 
quent, inefficient,  or  in  any  wise  unworthy  of  the  position :  provided, 
however,  that  the  authority  hereby  given  shall  be  subject  to  review 
by  the  board  of  appeal  provided  by  section  fourteen  hundred  and 
fifty-five  of  this  chapter  [section  25  of  school  law]  ;  provided  also, 
that  no  district  school  board  shall  employ  or  pay  any  teacher  from 
the  public  funds  unless  the  teacher  shall  hold  a  certificate  in 
full  force  according  to  the  provisions  of  section  fourteen  hundred 
and  seventy-six  [section  78  of  school  law]  :  and  provided  further, 
that  no  district  school  board  shall  employ  or  pay  any  teacher  from 
the  public  funds  if  said  teacher  is  the  brother,  sister,  wife, 
son,  or  daughter  of  any  member  of  said  board.  Any  member  of 
any  district  board  who  shall  violate  any  of  these  provisions  shall 
be  personally  liable  to  refund  any  public  funds  paid  in  violation  of 
this  section,  to  be  recovered  from  him  by  suit  in  the  name  of  the 
Commonwealth  at  the  relation  of  the  attorney  for  the  Common- 
wealth ;  such  funds,  when  recovered,  to  be  paid  into  the  county  school 
fund. 

Third.  To  suspend  or  expel  pupils  when  the  prosperity  and  ef- 
ficiency of  the  schools  make  it  necessary. 

Fourth.   To  decide  what  children  wishing  to  enter  the  schools 


Public  Free  School  Law  39 

of  the  district  should  by  reason  of  the  poverty  of  their  parents  or 
guardians  receive  text-books  free  of  charge,  and  to  provide  for  sup- 
plying them  accordingly. 

Fifth.  To  see  that  the  census  of  children  required  by  section 
fourteen  hundred  and  sixty-two  of  this  chapter  is  taken  in  the  proper 
time  and  in  proper  manner. 

Sixth.  To  hold  regular  meetings  at  fixed  periods,  to  be  pre- 
scribed by  the  State  Board  of  Education,  and  special  meetings  when 
called  by  the  chairman  or  by  two  members. 

Seventh.  To  call  meetings  of  the  people  of  the  district  for  con- 
sultation in  regard  to  the  school  interests  thereof,  at  which  meetings 
the  chairman  or  some  other  member  of  the  board  shall  preside,  if 
present. 

Eighth.  On  or  before  the  fifteenth  day  of  March  in  each  year 
to  prepare  and  return  to  the  president  of  the  county  school  board, 
to  be  by  him  laid  before  the  board  at  its  earliest  meeting,  an  esti- 
mate of  the  amount  of  money  which  will  be  needed  in  the  district 
during  the  next  school  year  for  providing  school-houses,  text-books 
for  indigent  children,  and  school  appliances,  and  other  necessary 
expenses. 

2unth.  To  provide  suitable  school-houses  with  proper  furniture 
and  appliances,  in  accordance  with  section  fourteen  hundred  and 
thirty-three,  subsection  six,  of  this  act  [subsection  6  of  section  7, 
school  law],  and  care  for,  manage,  and  control  the  school  property 
of  the  district.  For  these  purposes  it  may  lease,  purchase,  or  build 
such  houses  according  to  the  exigencies  of  the  district  and  the  means 
at  its  disposal. 

Tenth.  To  visit  the  public  free  schools  in  the  district  from  time 
to  time,  and  to  take  care  that  they  are  conducted  according  to  law, 
and  with  the  utmost  efficiency. 

Eleventh.  To  provide  for  the  pay  of  the  teachers  and  of  the 
clerk  of  the  board,  the  cost  of  providing  school-houses  and  the  ap- 
purtenances thereto  and  the  repairs  thereof,  school  furniture  and 
appliances  as  provided  for  in  section  fourteen  hundred  and  thirty- 
three,  subsection  six,  of  this  act,  necessary  text-books  for  indigent 
children  attending  the  public  free  schools,  and  any  other  expense 
attending  the  administration  of  the  public  free  school  system,  so  far 
as  the  same  is  under  the  control  or  at  the  charge  of  the  school  dis- 
trict or  its  officers. 

Twelfth.   To  examine  all  claims  against  the  school  district,  and 


40  Virginia  School  Laws 

when  approved  to  pay  the  same:  provided,  that  a  record  of  such 
approval  shall  be  made  in  the  proceedings  of  the  board ;  and  a  war- 
rant on  the  county  treasurer  shall  bo  drawn,  signed  by  the  chair- 
man of  the  board  and  countersigned  by  the  clerk  thereof,  payable 
to  the  person  entitled  to  receive  such  money,  and  stating  on  its  face 
the  purpose  or  service  for  which  it  is  to  be  paid,  and  that  such  war- 
rant is  drawn  in  pursuance  of  an  order  entered  by  the  board  on  the 
day  of  . 

Thirteenth.  To  perform  such  other  duties  as  shall  be  prescribed 
by  the  State  Board  of  Education  or  are  imposed  by  other  parts  of 
this  chapter. 

Fourteenth.  To  report  on  any  matter  when  required  by  the 
division  superintendent  of  schools,  and  on  or  before  the  first  day 
of  August  of  each  year  to  make  a  report  for  the  school  year  closing 
on  the  thirtieth  day  of  June  preceding  on  all  subjects  embraced 
In  the  blank  forms  supplied  by  the  Superintendent  of  Public  In- 
struction. 

Fifteenth.  County,  city,  or  district  school  boards  and  counties, 
cities,  towns,  and  districts  may  make  appropriations  to  non-sectarian 
schools  of  manual,  industrial,  or  technical  training,  or  to  any  school 
or  institution  of  learning  owned  or  exclusively  controlled  by  such 
county,  city,  town,  or  school  district,  or  by  such  county,  city,  or  dis- 
trict school  boards.  Said  boards  may  also  provide  for  the  introduc- 
tion of  manual  or  industrial  training  and  other  special  branches 
into  any  public  school.  (Code  Sec.  1466) 

50.  To  provide  for  the  encouragement,  maintenance  and  su- 
pervision of  industrial,  agricultural,  household  arts  and  commercial 
education. — 1.  The  State  Board  of  Education  is  hereby  authorized 
and  directed  to  investigate  and  to  assist  in  the  introduction  of  in- 
dustrial, agricultural,  household  arts  and  commercial  education; 
to  aid  local  school  authorities  to  initiate  and  superintend  the  estab- 
lishment and  maintenance  of  schools  and  departments  of  schools  or 
other* agencies  for  the  aforesaid  forms  of  education;  to  inspect  such 
schools,  departments  and  agencies,  and  to  allow  to  such  schools  and 
departments  as  are  approved  by  said  board,  the  moneys  to  which 
such  schools  and  departments  may  be  entitled  from  time  to  time 
out  of  funds  appropriated  by  the  General  Assembly  for  the  benefit 
of  such  forms  of  education. 

2.  Any  school  district  may,  through  the  district  school  board 
thereof,  establish  all-day,  part-time  or  continuation  or  evening 


Public  Free  School  Law  41 

classes  giving  industrial,  agricultural,  household  arts  or  commercial 
education  and  provide  for  the  support  thereof  in  the  same  manner 
as  for  the  regular  schools  of  said  district.  Such  education  shall  be 
of  less  than  college  grade  and  be  designed  to  meet  the  vocational 
needs  of  persons  over  fourteen  years  of  age  who  are  able  to  profit 
by  the  instruction  offered.  (Acts  1914,  page  144) 

.  51.  School  districts;  to  be  numbered  or  named  and  recorded. — 
School  districts  in  each  cotmty  shall  be  numbered  or  named  by  the 
division  superintendent  of  schools  thereof,  and  the  name  or  number 
and  boundaries  thereof  shall  be  recorded  in  the  office  of  the  clerk 
of  the  circuit  court,  and  shall  be  reported  to  the  Superintendent  of 
Public  Instruction  and  be  filed  in  his  office.  (Code,  Sec.  1467) 

52.  Bounds  of  district;  when  towns  may  constitute  separate 
districts. — Each  magisterial  district  shall  constitute  a  separate  school 
district  unless  the  State  Board  of  Education  shall  provide  for  re- 
districting  any  county  where  the  interests  of  the  schools  require  it. 

A  town  of  more  than  five  hundred  inhabitants  may,  if  the  coun- 
cil of  such  town  so  elect,  be  constituted  a  single  school  district;  and 
such  council  shall  have  the  power  to  appoint  three  school  trustees 
to  serve  one,  two,  and  three  years,  respectively,  and  annually  there- 
after it  shall  appoint  a  school  trustee  for  said  district  to  serve  for 
thrc"*  yrars:  provided,  that  in  all  cases  in  which  a  school  district 
includes  territory  outside  of  the  corporate  limits  of  the  town  the 
trustees  shall  be  appointed  by  the  school  trustee  electoral  board 
provided  for  in  section  fourteen  hundred  and  fifty  of  this  chapter 
[section  22  of  school  law].  (Code,  Sec.  1469) 

53.  When  State  funds  paid  for  school  purposes  in  districts- — 
Xo  State  money  shall  be  paid  for  a  public  free  school  in  any  school 
district  until  there  is  filed  with  the  division  superintendent  a  writ- 
ten statement,  signed  by  the  chairman  and  clerk  of  the  board  of 
district  school  trustees,  certifying  that  the  school  has  been  kept  in 
operation  for  five  months  during  the  current  school  year,  or  that 
arrangements  have  been  made  which  will  secure  .the  keeping  of  it 
in  operation  that  length  of  time:  provided,  that  in  case  of  the  un- 
avoidable discontinuance  of  a  school  before  the  expiration  of  the 
time  required  the  State  Board  of  Education  shall  be  allowed  to  relax 
the  requirements  of  this  section  and  to  decide  the  case  on  its  merits. 
(Code,  Sec.   1491) 

54.  Claims  against  school  districts,  how  audited  and  warrants 
issued. — For  the  pay  of  public  free  school  teachers,  of  the  clerks 


42  Virginia  School  Laws 


of  boards  of  district  school  trustees,  the  cost  of  providing  school- 
houses  and  appurtenances  thereto  and  the  repairs  thereof,  school 
furniture  and  appliances,  necessary  text-books  for  children  attend- 
ing the  public  free  schools  in  cases  where  the  parent  or  guardian 
is  unable,  by  reason  of  poverty,  to  furnish  them,  treasurer's  com- 
missions, and  any  other  expense  attending  the  public  free  school 
system,  so  far  as  the  same  is  under  control  or  at  the  charge  of  the 
school  district  or  its  officers,  it  shall  be1  necessary  first  to  obtain 
from  the  board  of  school  trustees  of  the  district  concerned  an  order 
approving  the  claim  and  directing  it  to  be  paid,  which  shall  be 
duly  recorded  in  the  proceedings  of  the  said  board;  whereupon 
a  warrant  shall  be  drawn,  signed  by  the  chairman  of  the  said  board 
and  countersigned  by  the  clerk  thereof,  payable  to  the  order  of 
the  person  entitled  to  receive  such  money,  and  stating  on  its  face 
the  purpose  or  service  for  which  it  is  to  be  paid  and  that  such 
warrant  is  drawn  in  pursuance  of  an  order  of  the  board.  (Code, 
Sec.  1517) 

School  Property 

55.  School  property  of  district  to  vest  in  district  school  board. 
The  school   trustees  of   each   district  shall   constitute   the   district 
school  board,  and  shall  be  a  body  corporate  under  the  name  and 
style  of  the  "school  board  of—       —district,  number—       — ,  of  the 
county  of ,"  by  which  name  it  may  sue  and  be  sued,  con- 
tract and  be  contracted  with,  and  purchase,  take,  hold,  lease  and 
convey  school  property,  both  real  and  personal.      The  title  to  all 
school  property,  both  real  and  personal,  belonging  to  the  district, 
shall  vest  in  the  said  board.     (Code,  Sec.  1482) 

56.  How  donations  for  schools  in  districts  to  vest. — When  any 
real  or  personal  property  is  given,   devised  or  bequeathed  to  any 
school  district  or  city  school  board  it  shall  be  vested  in  the  said 
school  district  or  city  school  board,  as  the  case  may  be,  and  shall 
be  managed  and  applied  by  the  same  according  to  the  wishes  of 
the  donor  or  testator,  and  the    school    board    having  charge  of  the 
fund  or  property  shall,  in  addition  to  the  regular  settlements  which 
it  is  required  to  make  of  all  school  moneys  coming  into  its  hands, 
settle  annually  before  the  commissioner  of  accounts  of  its  county 
or  city,  so  far.  as  the  management  of  the  property  so  bequeathed 
or   devised   is   concerned,   and   the   court   having  jurisdiction   shall 
have  the  right  to  compel  such  a  settlement  as  provided  in  section 


Public  Free  School  Law  43 

twenty-six  hundred  and  eighty  of  the  Code.  In  case  of  any  change 
in  the  boundaries  of  any  district,  the  county  school  board  shall  make 
provision  for  continuing  the  fulfillment  of  the  purposes  of  such 
donor  or  testator,  as  far  as  practicable,  and  settlements  shall  be  made 
as  provided  for  above.  (Code,  Sec.  1483) 

57.  Title  to  real  estate  for  public  uses  to  be  approved  by  at- 
torney at  law;  appeal. — Whenever  it  shall  be  necessary  for  any 
county,  district  school  trustees,  or  other  public  officers  of  the  county, 
having  authority  for  the  purpose,  to  purchase  real  estate,  or  acquire 
title  thereto  for  public  uses,  the  contract  therefor  shall  be  in  writing, 
and  the  title  thereto  shall  be  examined  and  approved  in  writing  by 
a  competent  and  discreet  attorney  at  law,  who  shall  .be  designated 
by  the  judge  of  the  circuit  court  for  the  circuit  wherein  the  real 
estate  is  located,  and  such  approval  shall  be  recorded  along  with  the 
deed,  or  other  papers,  by  which  the  title  is  conveyed.  ISTo  such 
contract  shall  be  valid  unless  and  until  the  title  to  such  real  estate 
be  thus  approved;  and  if  the  attorney  who  has  been  designated  by 
the  court  refuses  to  approve  the  same,  the  disapproval  shall  be  in 
writing  and  filed  with  the  clerk  of  the  county.  The  supervisors  of 
the  county,  or  any  five  citizens  thereof,  may,  by  motion,  appeal  of 
right  from  the  decision  of  the  attorney  to  the  circuit  court  of  the 
county,  or  to  the  judge  thereof  in  vacation,  submitting  with  said 
motion  their  petition,  accompanied  with  the  evidences  of  title.  Ten 
days'  notice  of  such  motion  shall  be  given  to  the  said  attorney,  and 
from  the  decision  of  the  said  court,  or  the  judge  thereof  in  vacation, 
upon  said  motion,  an  appeal  of  right  may  be  taken  by  the  petitioners 
to  the  supreme  court  of  appeals. 

The  district  school  trustees,  or  other  public  officers  of  the 
county,  purchasing  real  estate,  or  acquiring  title  thereto  for  public 
uses,  shall  pay  to  the  attorney  designated  by  the  court  a  reasonable 
compensation  for  his  services,  to  be  fixed  by  court.  (Code,  Sec. 
824;  Acts  1912,  page  78) 

58.  Right  of  condemnation  given  school  districts  and  certain 
Sflate  institutions. — If  the  court,  or  the  board  of  supervisors  of  any 
county,  the  council  of  any  city  or  town,  the  trustees  of  any  school 
district,  the  Institution  for  the  Deaf  and  Blind,  any  of  the  State 
hospitals,  the  University  of  Virginia,  the  Virginia  Military  Insti- 
tute, or  any  other  institution  of  this  State,  cannot,  because  of  the 
incapacity  of  the  owner  or  inability  to  agree  upon  a  price  or  terms, 
or  because  the  owner  cannot,  with  reasonable  diligence,  be  found  in 


44  Virginia  School  Laws 


this  State,  or  is  unknown,  agree  on  terms  of  purchase  with  those 
entitled  to  any  land,  buildings,  structures,  sand,  earth,  gravel, 
water,  or  other  material  necessary  to  be  taken  and  used  for  the  pur- 
poses of  such  county,  city,  or  town,  or«  school  district,  or  for  the 
purposes  of  the  Institution  for  the  Deaf  and  Blind,  or  of  any  such 
State  hospital,  or  of  the  University  of  Virginia,  or  of  the  Virginia 
Military  Institute,  or  of  any  other  State  institution,  it  may  acquire 
the  same  by  condemnation  under  the  provisions  of  this  act,  and 
the  proceedings  in  all  such  cases  shall  be  according  to  the  provisions 
of  this  act  so  far  as  they  can  be  applied  to  the  same.  (Code,  Sec. 
1105f,  cl.  25) 

59.  Condemnation  and  purchase  of  land  for  school-houses. — If, 
in  the  judgment  of  the  district  school  board,  the  public  interests 
demand  that  a  school-house  be  located  on  a  particular  spot  and 
no  equitable  arrangements  for  its  purchase  prove  to  be  practicable, 
the  board  of  trustees  shall  be  authorized,  and  it  shall  be  its  duty, 
to  cause  the  desired  parcel  of  land  to  be  surveyed  by  the  county 
or  other  competent  surveyor,  and  a  plat  of  the  same  to  be  filed,  to- 
gether with  a  general  statement  of  the  case,  with  the  clerk  of  the 
circuit  court;  and  thereupon,  on  application  of  the  district  school 
board,  the  same  proceedings  shall  be  had  as  are  prescribed  by  the 
laws  relating  to  the  exercise  of  the  right  of  eminent  domain:  pro- 
vided, that  no  parcel  of  land  thus  condemned  shall  exceed  one  acre 
in  a  town  or  five  acres  in  the  county:  provided  further,  that  no 
dwelling,  yard,  garden,  or  orchard  shall  be  invaded,  nor  in  an  unin- 
corporated town  any  space  within  one  hundred  feet  of  a  dwelling, 
nor  in  the  country  any  space  within  two  hundred  yards  of  a  mansion 
house,  without  the  consent  of  the  owner. 

Whenever  it  shall  be  necessary  for  any  county  or  district  school 
board,  or  other  public  officers  of  the  county  having  authority  for 
the  purpose,  to  purchase  real  estate  or  acquire  title  thereto  for 
public  uses,  the  contract  therefor  shall  be  in  writing,  and  the  evi- 
dence of  title  be  submitted  to  the  circuit  court,  or  to  the  judge 
thereof  in  vacation,  for  approval,  which  approval  shall  be  entered 
of  record  by  the  clerk  of  the  court.  No  such  contract  shall  be  valid 
unless  and  until  the  title  to  such  real  estate  be  thus  approved; 
and  if  the  court  or  judge  refuse  to  approve  the  same,  the  disapproval 
shall  be  recorded  in  like  manner.  (Code,  Sec.  1488 ;  Acts  1914, 
page  270) 


Public  Free  School  Law  45 

School-houses 

60.  Construction  of  school-houses;  condemnation  of  unsuitable 
buildings. — No  school-house  shall  be  contracted  for  or  erected  until 
the  site,  location,  plans,  and  specifications  therefor  shall  have  been 
submitted  to  and  approved  in  writing  by  the  division  superinten- 
dent of  schools,  whose  action  in  each  case  shall  be  reported  by  him 
to  the  State  Board  of  Education;  and  no  public  school  shall  be  al- 
lowed in  any  building  which  is  not  in  such  condition  and  provided 
with  such  conveniences  as  are  required  by  a  due  regard  to  decency 
and  health;  and  when  a  school-house  appears  to  the  division  super- 
intendent of  schools  to  be  unfit  for  occupancy,  it  shall  be  his  duty 
to  condemn  the  same  and  immediately  to    give    notice    thereof  in 
writing  to  the  chairman  of  the  district  school  board,  and  thence- 
forth no  public  school  shall  be  held  therein,  nor  shall  any  part  of 
the  State  or  county  fund  be  applied  to  support  any  school  in  such 
house  until  the  division  superintendent  shall  certify,  in  writing,  to 
the  district  school  board  that  he  is  satisfied  with  the  condition  of 
such  building  and  with  the  appliances  pertaining  thereto.      (Code, 
Sec.  1489) 

61.  Regulating  the  construction  of  public  school  buildings  in 
order  that  the  health,  sight  and  comfort  of  all  pupils  may  be  prop- 
erly protected. — The  State  Board  of  Inspectors  for  public  school 
buildings  shall  not  approve  any  plans  for  the  erection  of  any  school 
building  or  room  in  addition  thereto    unless    the  same  shall  pro- 
vide at  least  fifteen  square  feet  of  floor  space  and  two  hundred  cubic 
feet  of  air  space  for  each  pupil  to  be  accommodated  in  each  study 
or  recitation  room  therein,   and  no  such  plans  shall  be  approved 
by  said  board  unless  provision  is  made  therein    for    assuring    at 
least  thirty  cubic  feet  of  pure  air  every  minute  per  pupil,  and  the 
facilities  for  exhausting  the  foul  and  vitiated  air  therein  shall  be 
positive  and  independent  of  atmospheric  changes.     All  ceilings  shall 
be  at  least  twelve  feet  in  height. 

2.  All  school-houses  for  which  plans  and  detailed  statements 
shall  be  filed  and  approved  by  said  board,  as  required  by  law,  shall 
have  all  halls,  doors,  stairways,  seats,  passage  ways,  and  aisles,  and 
all  lighting  and  heating  appliances  and  apparatus,  arranged  to  fa- 
cilitate egress  in  cases  of  fire  or  accidents,  and  to  afford  the  requisite 
and  proper  accommodations  for  public  protection  in  such  cases.  All 
exit  doors  in  any  school-house  of  two  or  more  stories  in  height  shall 
open  outwardly.  Xo  staircase  shall  be  constructed  except  with 


46  Virginia  School  Laws 


straight  runs,  changes  in  direction  being  made  by  platforms.  No 
doors  shall  open  immediately  upon  a  flight  of  stairs,  but  a  landing 
at  least  the  width  of  the  doors  shall  be*  provided  between  such  stairs 
and  such  doorway. 

3.  All  school-houses  as  aforesaid  shall  provide  for  the  admis- 
sion of  light  from  the  left,  or  from  the  left  and  rear  of  the  pupils, 
and  the  total  light  area  must  be  at  least  twenty-five  per  centum  of 
the  floor  space. 

4.  Every  school  board  shall  provide  at  least  two  suitable  and 
convenient  out-houses  or  water-closets  for  each  of  the  school-houses 
under  its  control;  unless  the  said  school-houses  have  suitable,  con- 
venient and  sanitary  water-closets  erected  within  same,   said  out- 
houses or  water-closets  shall  be  entirely  separated,  each  from  the 
other,  and  shall  have  separate  means  of  access.     School  boards  shall 
see  that  said  out-houses  or  water-closets  are  kept  in  a  clean  and 
wholesome  condition.     (Acts  1908,  page  266) 

62.  Use   of  school-house   for   certain  purposes   out    of  school* 
hours  or  in  vacation. — When  a  responsible  resident  citizen  of  any 
school  district  may  apply  to  any  school  trustee  of  said  district  for 
the  use  of  a  school-house,  to  be  used  when  the  school  is  not  in  session 
during  the  school  term  or  in  vacation,  by  any  lawful  assembly  of 
educational,    agricultural,    civic  or  social  bodies,    organizations   or 
gatherings,  the  said  trustee  may  grant  the  use  of  said  building;  and 
if  said  trustee  refuse  the  use  of  the  same,  he  shall  state  his  decision 
in  writing,  and  if  a  demand,  signed  by  five  freeholders  of  said  dis- 
trict be  then  presented  to  the  chairman  of  said  district  school  board, 
the  said  chairman  shall  promptly  call  a  meeting  of  the  district  school 
board  to  consider  the  request  for  the  use  of  said  building  and  wheth- 
er the  use  thereof  shall  be  granted  to  said  freeholders,  who  shall  be 
responsible  for  the  use  and  care  of  said  school  property  and  of 
avoidable  damages  and  the  return  of  the  key  to  the  teacher  of  said 
district,  if  school  be  in  term,  or  to  the  trustee  of  said  district  in 
vacation.     An  appeal  of  right  shall  also  lie  from  the  decision  of  the 
district  school  board  to  the  school  trustee  electoral  board  of  the 
county  in  which  said  school-house  is  located,  the  decision  of  said 
last  named  board  to  be  final.     (Acts  1914,  page  255) 

63.  Authorizing  the  State  Board  of  Health  to  adopt,  promul- 
gate and  enforce  rules  and  regulations  for  the  'betterment  and  pro- 
tection of  the  public  health  of  the  State  of  Virginia. — The  State 
Board  of  Health  shall  have  the  power  to  make,  adopt,  promulgate 


Public  Free  School  Law  47 


and  enforce  reasonable  rules  and  regulations  from  time  to  time  re- 
quiring and  providing  for  the  thorough  sanitation  and  disinfection 
of  all  passenger  cars,  sleeping  cars,  steamboats,  and  other  vehicles 
of  transportation  in  this  State,  and  also  of  all  convict  camps,  peni- 
tentiaries, jails,  hotels,  schools,  and  other  places  used  by  or  open  to 
the  public;  to  provide  for  the  care,  segregation  and  isolation  of 
persons  having,  or  suspected  of  having,  any  communicable,  conta- 
gions or  infectious  disease;  to  regulate  the  method  of  disposition  of 
garbage  or  sewerage  and  any  like  refuse  matter  in  or  near  any  in- 
corporated town,  city,  or  unincorporated  town  or  village  of  this 
State;  to  provide  for  the  thorough  investigation  and  study  of  the 
causes  of  all  diseases,  epidemics  and  otherwise  in  this  State,  and 
the  means  for  the  prevention  of  contagious  disease,  and  the  publi- 
cation and  distribution  of  such  information  as  may  contribute  to 
the  preservation  of  the  public  health  and  the  prevention  of  disease; 
to  make  separate  orders  and  rules  to  meet,  any  emergency,  not  pro- 
vided for  by  general  rules  and  regulations,  for  the  purpose  of  sup- 
pressing nuisances  dangerous  to  the  public  health  and  communi- 
cable, contagious  and  infectious  diseases  and  other  dangers  to  the 
public  life  and  health :  provided,  however,  that  nothing  herein  con- 
tained shall  be  construed  as  in  any  wise  preventing  or  restricting  any 
person  so  segregated  or  isolated  from  choosing  his  own  method  of 
treatment,  or  in  any  wise  limiting  any  diseased  person  in  his  right 
to  choose  or  select  whatever  method  or  mode  of  treatment  he  may 
believe  to  be  the  most  efficacious  in  the  cure  of  his  ailment:  pro- 
vided, however,  that  nothing  herein  contained  shall  be  construed  as 
in  any  wise  limiting  any  duty,  power  or  powers  now  possessed  by 
or  heretofore  granted  to  the  said  State  Board  of  Health  by  the 
statutes  of  this  State,  or  as  affecting,  modifying  or  repealing  any 
rule  or  regulation  heretofore  adopted  by  said  board. 

2.  That  any  person  who  shall  violate,  disobey,  refuse,  omit 
or  neglect  to  comply  with  any  rule  of  said  State  Board  of  Health, 
•  made  by  it  in  pursuance  of  this  act,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  in  the  manner  pro- 
vided by  law;  provided,  however,  that  nothing  herein  contained 
shall  apply  to  any  railroad  or  sleeping  car  company  whose  system 
of  sanitation  and  disinfection  of  its  cars  is  approved  by  the  State 
Board  of  Health.  (Acts  1910,  page  269) 

64.  Rules  and  regulations  of  State  Board  of  Health  concerning 
sanitation  of  schools. — Rule  9.  Every  building  used  for  school  pur- 


48  Virginia  School  Laws 


poses,  public  or  private,  shall  comply  with  the  State  law  regarding 
the  amount  of  cubic  space  per  pupil  and  amount  of  fresh  air  to  be 
supplied.  (Acts  1908,  page  266) 

The  air  in  any  school-room  at  all  times  shall  be  kept  in  a  whole- 
some condition,  and  exercises  shall  be  suspended  as  often  as  neces- 
sary in  order  to  renew  the  air  in  any  room  the  ventilation  of  which 
is  defective. 

Rule  10.  No  school-room  shall  be  swept  except  after  all  school 
exercises  have  been  concluded  for  the  day. 

The  floor  of  no  school-room  shall  be  swept  without  first  having 
been  sprinkled  with  water  or  covered  with  damp  sawdust  or  damp 
paper. 

All  sweepings  shall  be  removed  daily  from  the  school-room. 

The  furniture  and  woodwork  of  every  school  building  shall  be 
wiped  down  with  an  approved  disinfectant  solution  at  least  once 
each  month,  and  shall  be  wiped  with  a  damp  cloth  at  least  once 
each  week. 

Rule  11.  Every  room  used  for  school  purposes,  public  or  pri- 
vate, shall  be  furnished  at  all  times,  when  in  use,  with  an  adequate 
supply  of  drinking  water  of  good  sanitary  quality.  This  shall  be 
running  water  wherever  same  is  available.  If  running  water  is 
not  available  a  tank  or  cooler  shall  be  supplied,  furnished  with  a 
spigot;  or  a  dipper  shall  be  supplied,  which  shall  be  used  only  for 
dipping  the  water  from  such  tank  or  cooler. 

In  addition  to  the  dipper  there  shall  be  furnished  a  cup  or  glass 
to  be  used  only  for  drinking,  and  which  shall  not  be  used  for  dip- 
ping water  from  the  tank  or  bucket  or  any  other  purpose.  The  con- 
tents of  every  receptacle  for  drinking  water  must  be  renewed  fresh 
every  morning,  and  every  receptacle,  dipper,  cup,  or  glass  shall  be 
well  washed  every  morning  and  scalded  with  boiling  water  at  least 
once  each  week. 

Rule  12.  Every  building  used  for  public  school  purposes  shall 
be  furnished  with  two  closets,  one  for  males  and  one  for  females, 
separated  as  far  as  possible  from  each  other  and  so  arranged  as  to 
give  the  greatest  possible  privacy  to  persons  using  same. 

Buildings  to  which  water  and  sewerage  are  available  shall  be 
provided  with  water  closets  and  connected  with  the  sewerage  sys- 
tem. Where  water  and  sewerage  are  not  available,  buildings  shall 
be  provided  with  dry  closets,  built  and  maintained  in  accordance 
with  the  standard  given  in  these  regulations  on  dry  closets.  Such 


Public  Free  School  Law  49 

closets  shall  be  at  all  times  maintained  in  a  clean  and  sanitary  con- 
dition. *  (Adopted  by  State  Board  of  Health,  July  13,  1910) 

65.  District  not  lo  receive  funds  until  it  provides  school-houses, 
and  so  forth. — No  school  district  shall  receive  any  part  of  the  county 
or  State  funds  until  it  has  made  proper  provision  for  school-houses, 
furniture,  apparatus,  text-books  for  the  indigent  children,  and  all 
other  means  and  appliances  needful  for  the  successful  operation  of 
the  schools.     (Code,  Sec.  1490) 

66.  Authorizing  county  school  boards  in  the  State  to  loan  to 
the  district  school  boards. — Where  any  county  school  board  in  this 
State  is  possessed  of  funds,  derived  by  gift  or  devise,  the  said  county 
school  board  is  authorized  to  loan  to  the  school  districts  in  their 
respective  counties  a  sum  of  money,  not  exceeding  one  thousand 
dollars,  for  the  purpose  of  building  school-houses  in  said  district, 
the  amount  to  be  loaned  to  be  proportioned   according  to  school 
population  in  each  district,  so  that  one  district  may  not  obtain  a 
greater  proportion  than  another;  and  the  said  district  school  board 
is  authorized  to  execute   and  deliver  to  the  county  school  board 
their  obligation  for  any  amount  so  borrowed.     The  money  so  bor- 
rowed shall  be  expended  by  district  school  boards  in  building  such 
school-houses  as  their  sound  discretion  may  decide  upon.      (Acts 
1908,  page  335) 

67.  Authorizing  the  several  school  boards  of  the  school  districts 
to  borrow  money  belonging  to  the    literary  fund. — 1.   The    State 
Board  of  Education  is  hereby  authorized  to  loan  to  the  school  boards 
of  the  school  districts  and  cities  in  this  State  making  application 
therefor  money  belonging  to  the  literary  fund  and  in  hand  for  in- 
vestment for  the  purpose  of  erecting  school-houses  in  such  districts 
and  cities,  on  the  terms  and  conditions  hereinafter  set  forth  and 
subject  to  such  rules  and  regulations  as  may  be  promulgated  by  the 
said  board. 

2.  The  several  school  boards  in    this    State    as    aforesaid  are 
hereby  authorized  to  borrow  money  belonging  to  the  said  literary 
fund,  and  the  district  or  city   school   board    desiring   to   borrow    a 
part  of  said  fund  shall  make  written  application  to  the  State  Board 
of  Education  and  shall  set  forth  therein  (one)  the  amount  of  the 
proposed  loan;    (two)   the  plans  and  specifications,  estimated  cost, 
and  location  of  the  building  to  be  erected;  and  (three)  facts  show- 
ing the  advisability  of  erecting  the  same. 

3.  Upon  the  approval  of  the  State  Superintendent  of  Public 


50  Virginia  School  Laws 

Instruction  of  the  plans  and  specifications  for  and  the  location  of 
the  proposed  building  and  of  the  making  of  the  loan,  tjie  State 
Board  of  Education  may,  in  its  discretion,  make  such  loan:  pro- 
vided, that  no  such  loan  for  any  one  building  shall  exceed  the 
sum  of  ten  thousand  dollars,  nor  shall  it  exceed  fifty  per  centum 
of  the  cost  of  the  same,  and  no  loan  shall  be  made  to  aid  in  the 
erection  of  a  building  to  cost  less  than  two  hundred  and  fifty  dol- 
lars. 

4.  All  loans  not  exceeding  three  thousand  dollars  shall  bear 
interest  at  the  rate  of  three  per  centum  per  annum,  payable  annually 
on   the —       — day   of—        — ;    the  principal   thereof   shall   be  pay- 
able in  fifteen  annual  instalments,  and  shall  be  evidenced  by  bonds 
or  notes  payable  to  the  Commonwealth  of  Virginia  for  the  benefit 
of  the  literary  fund,  executed  or  signed  by  the  chairman  of  the 
school  board  of  each   district  and   attested  by  the  clerk   thereof. 
Payments  of  interest  and  principal  shall  be  made  to  the  State  Treas- 
urer through  the  Second  Auditor,  and  evidences  of  debt  taken  for 
such  loans  shall  be  deposited  with   Second  Auditor  and  kept  by 
him. 

5.  The   school   board   borrowing   funds   under   the   provisions 
of  this  act  shall  request  the  board  of  supervisors  or  the  councils 
of  their  respective  counties  or  cities  or  towns  to  cause  a  district 
tax  to  be  levied  sufficient  to  meet  its  liabilities  on  such  contract; 
and  in  the  event  that  such  board  shall  fail  to  pay  any  instalment 
of  interest  or  principal  promptly,  then,  upon  notice  in  writing  to 
that  effect  from  the  Second  Auditor  or  from  the  State  Superinten- 
dent of  Public  Instruction,  the  county  or  city  treasurer  or  other 
person  having  the  custody  of  the  district  funds  of  such  district  shall 
pay  to  the  State  Treasurer,  through  the  Second  Auditor,  any  such 
past  due  instalment  of  interest  or  principal  out  of  any  district  funds 
in  his  hands  belonging  to  the  district  or  school  board.     The  failure 
of  the  school  board  of  a  district  or  city,  or  the  board  of  supervisors, 
or  the  council  of  a  city  or  town,  to  provide  for  the  payment  of  such 
loan  shall  be  deemed  a  cause  for  removal  from  office. 

6.  Before  making   any   loan   under   this    act,  the  State  Board 
of  Education  shall  be  satisfied  that    the    school    district    or    board 
borrowing  the  fund  has  a  good  and  sufficient  title  in  fee  to  the  real 
estate  on  which  the  proposed  building  is  to  be  erected,   and  that 
the  same  is  free  from  incnmbrances,  and  shall  take  proper  measures 


Public  Free  School  Law  51 

to  secure  the  expenditures  of  the  money  for  the*  purpose  for  which 
it  is  loaned. 

7.  The  Board  of  Education,  by  reasonable  rules  and  regula- 
tions, shall  provide  for  an  equitable  distribution  of  the  funds  loaned 
under  this  act  amongst  the  several  school  districts  and  sections  of 
the  State. 

8.  The  said  several  school    boards    or    districts  of    the  State 
making  application  therefor  may  borrow  money  belonging  to  the 
literary  fund,  if  it  shall  seem  wise  to  the  State  Board  of  Education 
to  grant  the  loan  in  any  particular  case  or  cases,  to  the  extent  of 
ten  thousand  dollars  for  any  one  building:  provided,  that  all  loans 
under  this  section  of  this  act  shall  bear  interest  at  the  rate  of  four 
per  centum  per  annum,  payable  annually,  on  all  amounts  loaned  in 
excess  of  three  thousand  dollars  as  aforesaid,  and  the  principal  there- 
of shall  be  payable  in  fifteen  annual  instalments;  but  the  provisions 
of  the  preceding  sections  of  this  act  shall  apply  to  said  loans  except 
as  modified  in  this  section,  but  in  no  event  shall  more  than  fifty  per 
centum  of  the  cost  of  the  building  be  loaned,  and  the  local  authorities 
shall  keep  the  building  insured  for  benefit  of  the  literary  fund. 
There  shall  also  be  a  specific  lien  upon  the  property  upon  which  any 
loan  is  made  under  this  section  for  the  payment  of  said  instalments 
of  interest  and  principal,  and  the  State  Board  of  Education  shall 
not  make  any  such  loan  in  any  case  in  which  the  payment  of  said 
loan  would  entail,  in  its  judgment,  too  heavy  a  charge  upon  the  local 
revenues  of  the  board  or  district. 

This  act  shall  apply  to  all  loans  heretofore  made  as  well  as  fu- 
ture loans.  (Acts  1908,  page  106 ;  Acts  1914,  page  715) 

68.  Authorizing  school  boards  of  the  several  school  districts  in 
the  counties  of  this  State  to  borrow  money  and  to  issue  bonds  for 
the  purpose  of  erecting  and  furnishing  school-houses,  and  to  pro- 
vide for  the  payment  of  such  bonds  and  the  interest  to  accrue  there- 
on.— 1.  Whenever  the  school  board  of  any  school  district  in  any  of 
the  counties  of  this  State  shall,  by  resolution  duly  spread  upon  the 
minutes  of  the  proceedings  of  such  board,  declare  that  an  additional 
school-house  or  school-houses  are  necessary  to  provide  additional 
public  school  facilities  for  the  children  of  school  age  in  such  district, 
and  the  school  funds  of  such  district  will  not  be  sufficient  to 
provide  such  additional  school  building  or  buildings,  and  to 
furnish  the  same,  and  the  statement  of  facts  contained  in  the  resolu- 
tion of  such  school  board  shall  be  confirmed  and  approved  by  resolu- 


52  Virginia  School  Laws 

— i — 

tion  of  the  board  of  supervisors  of  the  county  wherein  such  school  dis- 
trict is  located,  the  school  board  of  any  such  district,  may,  when 
authorized  by  a  vote  of  a  majority  of  the  qualified  voters  of  any 
such  district  voting,  as  hereinafter  provided,  borrow  money  for  the 
purpose  of  erecting  a  school-house  or  school-houses  therein  and  for 
furnishing  the  same,  and  may  issue  either  registered  or  coupon 
bonds  for  the  sums  of  money  so  borrowed;  the  said  bonds  to  be 
payable  at  a  period  not  exceeding  thirty  years  after  their  date,  and 
to  be  made  redeemable  at  the  option  of  any  such  school  board  at 
such  time  after  their  date  as  may  be  specified  in  the  bonds,  and  such 
bonds  shall  bear  interest  at  a  rate  not  exceeding  six  per  centum  per 
annum,  payable  either  annually  or  semi-annually,  as  the  school  board 
may  prescribe:  provided,  that  no  such  bonds  shall  be  sold  for  less 
than  their  par  value,  and  that  at  110  time  shall  the  aggregate  amount 
of  bonds  issued  and  outstanding  in  any  school  district  exceed  sev- 
enteen per  centum  of  the  aggregate  assessed  value  of  the  real  estate 
located  in  such  school  district. 

2.  That  the  said  bonds  shall  be  of  such  form  and  denomina- 
tion as  the  school  board  of  any  such  school  district,  by  resolution 
spread  upon  the  minutes    of    the   board,  may    prescribe,  and    shall 
be  signed  by  the  chairman  and  attested  by  the  secretary  of  the 
board,  and  there  shall  be    a    lien  upon  the  school  property  erected 
and  procured  with  the  proceeds  of  the  sale  of  any  such  bonds  for 
the  payment  of  the  principal  thereof  and  the  interest  to   accrue 
thereon ;  and  if  it  shall  be  so  stated  on  the  face  of  the  bonds,  there 
shall  be  a  lien  on  all  the  school  property  of  the  school  district  issu- 
ing and  selling  the  same  for  the  payment  of  the  principal  thereof  and 
the  interest  to  accrue  thereon. 

3.  That  the  proceeds  realized  from  the  sale  of  any  such  bonds 
issued  under  the  provisions  of  this  act  shall  not  be  used  for  any 
other  purpose  than  that  of  erecting  school  buildings  and  furnish- 
ing the  same. 

4.  That  no  bonds  shall  be  issued  under  the  provisions  of  this 
act  unless  authorized  by  a  vote  of  the  majority  of  the  qualified  vo- 
ters of  the  school  districts  proposing  to  issue  the  same  voting  at  a 
special  election  to  be  ordered  and  held  as  hereinafter  provided. 

5.  When  the  resolutions  of  the  school  board  and  board  of  su- 
pervisors shall  be  certified  to  the  circuit  court  of  the  county  in 
which  any  such  school  district  is  located,  together  with  the  location 
of  the  school-house  or  school-houses  to  be  erected,  with  the  plans, 
specifications,  and  estimated  cost  thereof,  approved  by  the  division 


Public  Free  School  Law  53 

school  superintendent  and  the  Superintendent  of  Public  Instruc- 
tion, the  said  court  shall  order  a  special  election  to  be  held  in  any 
such  district  at  such  time  and  after  such  notice  (which  shall  not  be 
less  than  two  weeks)  as  the  court  may  prescribe  by  order  entered 
upon  its  minutes,  to  pass  upon  the  question  whether  such  bonds 
shall  be  issued  or  not  for  the  amount  recommended  by  the  school 
board  of  such  district.  And  the  clerk  of  the  court  shall  give  the 
notice  required  by  the  court  of  such  special  election,  by  publication 
in  some  newspaper  of  the  county  in  which  such  school  district  is 
located,  and  if  there  be  no  newspaper  published  in  such  county, 
then  in  a  newspaper  published  in  some  adjoining  county,  or  nearby 
city  or  county,  and  by  having  the  same  posted  by  the  sheriff  of  the 
county  in  at  least  ten  conspicuous  points  in  any  such  school  dis- 
trict, which  said  notice  shall  state  the  amount  of  bonds  to  be  is- 
sued, the  purpose  of  the  proposed  issue  thereof,  and  whether  the 
said  bonds  shall  be  a  lien  on  all  the  property  in  the  district  or  a  part 
thereof.  The  clerk  and  sheriff  of  the  county  shall  each  receive  for 
their  services  hereunder  two  dollars,  to  be  paid  out  of  the  county 
treasury. 

6.  The  board  of  supervisors  shall  prepare  the  tickets  and  all 
other  necessary  details  for  such  special  election,  and  shall  pay  the 
expenses  thereof  out  of  the  funds  of  the  county,  and  any  such  elec- 
tion shall  be  conducted  and  held  in  like  manner  as  regular  elec- 
tions, and  the  laws  of  the  State  applying  to  general  elections  shall 
apply  to  such  special  elections,  except  as  hereinafter  provided,  and 
the  judges  and  clerks  of  the  regular  elections  in  said  district  shall 
be  the  judges  and  clerks  in  any  such  special  election,   and  shall 
receive  the  same  compensation ;  and  the  voting  precincts  in  any  such 
district  for  general  elections  shall  also  be  the  same  for  any  such 
special  elections. 

7.  The  judges  and  clerks  of  such  special  elections  shall  can- 
vass the  vote  and  certify  the  same  to  the  county  clerk  in  the  same 
manner  as  required  by  law  in  general  elections,  and  on  the  second 
day  following  such   special  elections  it  shall  be  the   duty  of  the 
county  clerk,  the  Commonwealth's  attorney,  and  the  commissioner 
of  the  revenue,  who  are  hereby  constituted  a  board  of  canvassers 
for  that  purpose,  to  meet  in  the  clerk's  office  of  said  county  and  to 
canvass  the  returns  of  such  special  elections,  and  to  certify  the  re- 
sults ascertained  by  them  to  the  board  of  supervisors  of  the  county, 
who  shall  spread  the  same  upon  the  minutes  of  the  board,  and  when 
this  shall  have  been  done,  if  no  notice  of  contest  of  said  election 


54  Virginia  School  Laws 

shall  have  been  filed  within  ten  days  after  said  election,  the  certifi- 
cates of  the  canvassing  board  hereby  created  shall  be  conclusive  of 
the  legality  and  regularity  of  said  special  election  and  of  the  result 
thereof. 

8.  All  registered  voters  of  any  such  school  district  who  were 
qualified  by  law  to  vote  in  the  last  preceding  general  election  shall 
be  qualified  to  vote  in  any  such  special  election. 

9.  From  the  school  levies  of  any  such   school   district  there 
shall  be  paid,  as  it  matures,  the  interest  on  the  bonds  hereby  author- 
ized, and  there  shall  be  set  aside  annually,  as  a  sinking  fund,  such  a 
sum  as  will  provide  for  the  payment  of  the  principal  when  it  ma- 
tures.    Such  sinking  fund  shall  be  invested  in  the  bonds  hereby 
authorized,  or  in  such  other  securities  as  the  said  board  may,  with 
the   approval   of  the   division   superintendent   of   schools   for   said 
county,  select.     The  said  school  board  shall  annually  report  to  the 
board  of  supervisors  of  the  county  the  amount  of  the  debt  outstand- 
ing and  the  amount  and  condition  of  the  sinking  fund. 

10.  This  act  shall  not  be  construed  to  repeal  or  amend  any 
special  acts  passed  by  this  or  any  previous  General  Assembly  allow- 
ing or  authorizing  any  school  district  in  this  State  to  borrow  money 
and  to  issue  bonds  therefor.     (Acts  1908,  page  103) 

69.  Division  of  school  districts  into  subdistricts;  for  govern- 
ment and  administration  of  same;  for  additional  school  tax  therein; 
and  for  the  appointment  of  school  directors,  providing  for  their  terms 
of  office,  powers,  duties,  et  cetera. — First.  That  in  due  time,  before 
the  opening  of  the  schools  in  the  year  nineteen  hundred  and  seven, 
or  in  any  year  thereafter  following  the  adoption  of  this  act  by  any 
county,  it  shall  be  the  duty  of  each  district  school  board  throughout 
the  State,  in  each  county  in  which  this  act  may  be  adopted,  as  here- 
inafter provided,  to  determine,  by  specified  boundaries,  what  shall 
be  the  area  to  be  attached  to  each  school-house  for  a  primary  school 
for  white  children,  and  to  each  school-house  for  a  primary  school 
for  colored  children  in  the  respective  districts  throughout  the  dis- 
trict, or  in  any  part  thereof.  These  areas  shall  be  called  subdistricts, 
and  their  boundaries  and  numbers  may  be  changed  from  time  to 
time,  at  the  discretion  of  the  district  board,  but  both  in  establishing 
and  altering  the  boundaries  of  such  subdistricts  such  board  shall  be 
governed  by  the  provision  of  section  one  thousand  five  hundred  and 
three  of  the  Code  of  Virginia  as  amended  [section  92  of  school  law]. 
The  subdistricts  for  the  white  children  shall  be  renumbered  with 
cardinal  numbers,  and  the  subdistricts  for  the  colored  children  shall 


Public  Free  School  Law  55 

bo  lettered  with  capital  letters,  the  letters  being  further  distinguished 
by  cardinal  numbers  each  time  the  letters  of  the  alphabet  are  ex- 
hausted, as  A-one,  B-one,  et  cetera,  A-two,  B-two,  et  cetera ;  where- 
upon the  district  school  board  shall  record  these  actions  on  its  min- 
utes and  certify  a  copy  of  same  to  the  clerk  of  the  county,  who  shall 
record  same  in  his  office  in  a  separate  book,  which  he  shall  provide 
at  the  expense  of  the  county  school  fund  for  the  purpose.  The  sub- 
districts  for  white  and  colored  children,  respectively,  shall  be  con- 
sidered as  separate  subdistricts,  although  the  territories  may  over- 
lap each  other,  for  all  the  purposes  and  in  the  construction  and 
application  of  this  act,  and  only  white  persons  shall  vote  in  the 
meetings  of  subdistricts  for  white  persons,  and  only  colored  persons 
shall  vote  in  meetings  of  subdistricts  for  colored  persons. 

Second.  Whenever  it  may  be  found  necessary  for  the  conve- 
nience of  the  people,  a  subdistrict  may  be  made  to  include  portions 
of  two  or  more  school  districts,  or  portions  of  two  or  more  coun- 
ties. Every  subdistrict  thus  formed  shall  be  under  the  supervision 
of  the  district  school  board,  the  county  school  board,  and  the  school 
trustee  electoral  board  on  whose  territory  the  school-house  is  situ- 
ated. When  it  is  desired  to  form  a  subdistrict  from  parts  of  two 
or  more  districts  in  the  same  county,  the  matter  shall  be  consid- 
ered by  the  district  school  boards  of  the  districts  affected,  and  on 
their  mutual  agreement  the  boundary  lines  shall  be  established.  But 
in  case  these  boards  fail  to  agree,  either  one  of  the  district  school 
boards  affected  may  appeal  to  the  county  school  board  of  the  county. 
In  like  manner,  if  it  is  desired  to  form  a  subdistrict  from  districts 
belonging  to  different  counties,  the  boundary  lines  may  be  estab- 
lished by  the  mutual  agreement  of  the  school  boards  of  the  districts 
affected.  But  in  case  these  boards  fail  to  agree,  either  one  of 
the  district  school  boards  affected  may  appeal  to  a  board  of  refer- 
ence, to  be  composed  of  the  division  school  superintendent  or  su- 
perintendents of  the  counties  affected,  together  with  the  chairman 
of  some  district  school  board  of  one  of  the  counties  affected,  to  be 
selected  by  this  superintendent  or  these  superintendents,  and  the 
decision  of  this  board  of  reference  shall  be  final  both  as  to  estab- 
lishing such  subdistricts  and  as  to  subsequent  changes  therein.  Any 
doubtful  .question  as  to  the  location  of  the  primary  school-house  in 
such  subdistrict  contemplated  by  this  act  shall  be  decided  in  the 
same  manner  as  the  number  of  subdistricts  and  the  question  of 
boundary  lines;  and  no  action  under  this  section  shall  become  final 


56  Virginia  School  Laws 


until  the  same  is  approved  by  the  State  Superintendent  of  Public 
Instruction. 

Third.  ]STo  children  from  beyond  the  limits  of  a  subdistrict 
shall  be  received  into  the  school  therein  except  such  as  bring  a  spe- 
cial written  permit  issued  and  signed  by  the  school  directors  of  such 
subdistrict.  The  school  directors  of  the  subdistricts  may  grant  such 
permits,  and  to  children  from  other  subdistricts,  but  only  to  such 
children  as  have  their  tuition  and  other  expenses  to  the  subdistrict 
fully  provided  for,  by  agreement  with  the  school  directors  from 
whose  territory  such  children  come,  or  by  being  paid  for  privately 
to  the  subdistrict:  provided,  that  the  privileges  of  the  children  re- 
siding in  the  subdistrict  shall  in  no  wise  be  interfered  with  inju- 
riously by  the  admission  of  children  outside  the  boundaries  of  such 
subdistrict. 

Fourth.  As  soon  as  practicable  after  the  approval  of  the  State 
Superintendent  of  Public  Instruction  of  the  subdistricts,  the  dis- 
trict boards  of  the  districts  in  which  such  subdistricts  are  located, 
respectively,  shall,  after  fifteen  days'  notice,  posted  at  every  post- 
office  in  the  district,  appoint  and  call  a  meeting  of  all  persons  having 
the  right  to  vote  at  subdistrict  meetings  as  hereinafter  provided, 
at  some  convenient  place  in  each  subdistrict,  for  the  organization  of 
such  subdistricts,  respectively;  for  adoption  of  by-laws;  for  election 
of  school  directors  of  such  subdistricts;  and  for  such  other  pur- 
poses as  may  be  lawfully  acted  upon  by  such  meetings. 

Fifth.  At  such  meetings  and  all  subsequent  subdistrict  meetings 
hereinafter  provided  for,  all  male  persons  qualified  to  vote  for  mem- 
bers of  the  General  Assembly  of  Virginia  residing  in  such  subdis- 
trict and  who  are  assessed  with  school  taxes  shall  be  entitled  to  vote 
upon  all  questions  concerning  such  subdistrict  school  affairs;  and 
any  person  entitled  to  vote  at  any  such  meeting  may  be  chosen  there- 
by as  a  school  officer  of  such  subdistrict. 

Sixth.  At  such  organization  meetings,  respectively,  a  chairman 
shall  be  chosen  by  a  majority  vote  of  the  meeting.  The  chairman 
shall  appoint  a  secretary.  It  shall  be  the  duty  of  the  clerk  of  the 
district  school  board  of  the  district  in  which  such  subdistrict  is 
located  to  furnish  the  meeting  in  question  with  a  copy  of  this  act 
(the  same  to  be  furnished  to  him  by  the  Superintendent  of  Public 
Instruction),  and  such  act  shall  either  be  read  to  the  meeting  or 
the  substance  thereof  explained  to  the  same  by  the  chairman.  This 
being  done,  the  secretary  shall  make  a  list  of  all  persons  present 
entitled  to  vote.  If  it  be  ascertained  that  less  than  one-fourth  of 


Public  Free  School  Law  57 

the  persons  of  the  subdistrict  entitled  to  vote  are  present,  the  meeting 
shall  be  adjourned  from  time  to  time  until  at  least  such  one-fourth 
in  number  of  such  persons  are  in  attendance.  Such  attendance  of 
one-fourth  in  number  of  such  persons  shall  be  necessary  for  the 
transaction  of  business  in  this  organization  meeting  and  in  all  sub- 
sequent meetings  hereinafter  provided  for. 

Seventh.  When  it  sh&ll  be  ascertained  that  the  meeting  is  law- 
fully constituted  to  transact  business,  it  shall  then  proceed  to  adopt 
by-laws  to  define  and  provide  for  the  manner  of  calling  future  sub- 
district  meetings,  annual  and  special ;  what  person  shall  preside  over 
the  same;  the  proceedings  thereat;  the  method , of  voting,  except  that 
all  voting  at  this  and  all  subsequent  meetings  shall  be  by  written 
ballots;  the  duties  of  the  officers  of  such  subdistrict;  and  for  the 
governing  of  other  matters  pertaining  to  the  welfare  of  the  school 
of  the  subdistrict  not  contrary  to  law.  The  by-laws  may  be  changed 
or  added  to  at  any  lawful  meeting  of  the  subdistrict,'  annual  or 
special. 

Eighth.  The  officers  of  each  subdistrict  shall  be  three  school 
directors,  who  from  among  their  number  shall  choose  one  as  chair- 
man, another  as  treasurer,  and  another  as  clerk;  all  such  officers 
shall  hold  their  office  for  one  year,  or  until  their  successors  are 
chosen  and  qualify.  Before  entering  upon  their  terms  of  office 
such  officers  shall  take  the  oath  prescribed  by  section  eight  hun- 
dred and  twelve,  and  any  of  them  may  be  required  by  the  by-laws 
of  such  subdistricts  to  give  bond  in  the  penalty  and  with  the  surety 
prescribed  by  such  by-laws:  provided,  that  the  subdistrict  treas- 
urer shall  give  bond  of  the  form  prescribed  by  law  for  county 
treasurers  with  some  solvent  surety  company  doing  business  in 
the  State  as  surety  in  a  penalty  equal  to  double  the  amount  of  the 
total  subdistrict  school  levy  for  the  ensuing  year.  The  compensation 
•of  such  officers,  respectively,  if  any,  shall  be  provided  for  by  each 
subdistrict  in  annual  meeting.  Any  two  of  such  school  directors 
shall  constitute  a  quorum  for  the  transaction  of  the  business  of  their 
board. 

Ninth.  The  school  directors  of  each  subdistrict  shall  constitute 
a  subdistrict  school  board,  and  shall  be  a  body  corporate  under  the 
name  and  style  of  the  "subdistrict  school  board  of  subdistrict  num- 
ber—  —(or  letter)"  as  the  case  may  be,  "of  the  county  of ," 

by  which  name  it  may  sue  and  be  sued,  contract  and  be  contracted 
with. 

Tenth.  The  first  election  of  officers  shall  be  at  said  organiza- 


58  Virginia  School  Laws 

tion  meeting,  and  subsequent  elections  of  officers  shall  be  at  the 
annual  subdistrict  meetings.  Vacancies  occurring  between  annual 
meetings  shall  be  filled  by  the  remaining  school  directors,  and  ap- 
pointments thus  made  shall  be  valid  until  the  next  subdistrict  meet- 
ing. Should  the  school  directors  not  be  elected  or  appointed  as 
above  provided,  the  district  school  boards  of  the  districts  in  which 
such  subdistricts  are  located,  respectively,  shall  make  the  appoint- 
ments. 

Eleventh.  It  shall  be  the  duty  of  the  secretary  of  the  meetings 
to  report  within  ten  days  thereafter  to  the  district  board  in  which 
such  subdistricts  are  "located,  respectively,  the  names  of  the  sub- 
district  officers  chosen  and  also  such  other  action  as  may  be  taken  by 
such  meetings. 

Twelfth.  Ko  one  shall  be  chosen  a  school  director  who  is  unable 
to  read  and  write. 

Thirteenth.  Special  subdistrict  meetings  may  be  called  at  any 
time  by  the  subdistrict  school  board,  or,  on  application  in  writing 
of  any  ten  persons  entitled  to  vote  in  such  meetings  as  above  pro- 
vided, the  chairman  of  such  subdistrict  board  may  call  any  special 
meeting. 

Fourteenth.  The  annual  subdistrict  meetings,  subsequent  to  the 
organization  meetings,  shall  be  held  during  the  month  of  May  of 
each  and  every  year,  and  other  special  meetings  at  such  times  as 
they  may  be  called,  as  above  provided.  Annual  and  special  meet- 
ings may  be  held  at  any  place  for  which  they  are  called  within  the 
subdistrict,  and  may  be  adjourned  from  time  to  time  to  any  place 
within  the  subdistrict.  A  majority  vote  of  those  present  at  such 
meetings,  annual  or  special,  provided  there  be  present  at  least  one- 
fourth  of  the  persons  of  the  subdistrict  entitled  to  vote  thereat 
as  above  provided,  shall  be  decisive  of  all  questions  voted  upon 
thereat. 

Fifteenth.  If  the  officers  of  the  subdistrict  unreasonably  refuse 
to  call  a  subdistrict  meeting,  a  justice  of  the  peace  of  the  district  in 
which  such  subdistrict  is  located  upon  application  of  ten  or  more 
persons  of  the  subdistrict  entitled  to  vote  at  the  meetings  thereof, 
as  above  provided,  may  call  such  meeting,  annual  or  special,  by  a 
warrant  under  his  hand,  directed  to  any  constable  of  the  district, 
if  any,  otherwise  to  any  person  applying  therefor,  directing  same 
to  summon  the  persons  entitled  to  vote  at  such  meeting  as  above 
provided  to  assemble  at  the  time  and  place  and  for  the  purpose  ex- 
pressed in  the  warrant. 


Public  Free  School  Law  59 

Sixteenth.  The  division  superintendents  of  the  pubic  schools 
of  the  division  in  which  such  meetings  are  held,  respectively,  shall 
ba  entitled  to  be  present  at  any  of  said  meetings  and  take  part  in 
the  discussion  of  any  and  all  questions  and  to  give  advice  and  in- 
struction, but  shall  not  be  entitled  to  vote  thereat  by  virtue  of  this 
section. 

Seventeenth.  At  said  organization  meetings,  and  at  said  annual 
meetings  thereafter,  said  subdistricts,  respectively,  may,  unless  the 
county  and  district  school  tax  in  such  county  already  levied,  as 
may  be  otherwise  provided  by  law,  aggregates  five  mills  on  the 
dollar,  by  majority  vote,  which  shall  include  a  majority  of  the 
freeholders  of  such  subdistrict,  make,  grant,  and  vote  in  favor  of 
a  special  levy,  as  a  subdistrict  school  tax,  of  such  amount  as  they 
may  judge  necessary  (provided  the  aggregate  of  county,  district, 
and  subdistrict  school  taxation  shall  not  exceed  five  mills  on  the 
dollar)  for  the  further  support  of  the  public  schools  of  such  sub- 
district,  including  supplement  to  the  teachers'  salary  and  supple- 
ment to  the  expenses  of  furniture,  apparatus,  repairs,  fuel,  for  the 
salary  of  the  subdistrict  school  officers,  if  any,  and  for  all  other 
necessary  charges  affecting  the  efficiency  and  welfare  of  the  schools 
of  such  subdistricts,  respectively;  and  such  vote  in  favor  of  such 
levy  shall  be  recorded  on  the  minutes  of  such  meeting,  and  a  copy 
of  such  minute  shall  be  certified  to  the  board  of  supervisors; 
whereupon  the  board  of  supervisors,  at  its  next  meeting  at  which 
it  lays  the  general  county  levy  for  the  ensuing  year,  shall,  in  ad- 
dition to  the  county  and  district  school  tax  otherwise  provided  for 
by  law,  levy  for  such  ensuing  year  such  subdistrict  school  tax  as 
may  have  been  voted  in  the  respective  school  subdistricts  of  the 
county,  and  provide  for  the  collection  of  the  same  in  accordance 
with  the  provisions  of  this  act;  which  action  of  the  board  of 
supervisors  shall  be  forthwith  certified  by  the  clerk  thereof  to  the 
clerks  of  the  respective  school  subdistricts  affected.  Thereupon 
the  clerk  of  said  subdistrict  school  board  shall,  in  a  book  kept  for 
the  purpose,  apportion  and  extend  such  levy  against  the  owners  of 
all  property,  real  and  personal,  within  such  subdistrict,  and  other 
subjects  of  taxation  which  should  be  taxed  therein  as  herein  pro- 
vided, which  may  be  assessed  against  such  owners  and  subjects 
of  taxation  upon  the  land  and  property  books  of  the  county  for 
the  current  year  and  at  the  valuation  fixed  by  such  books.  There- 
after such  clerk  shall  make  off  from  such  book  kept  by  him  as 
aforesaid  tax  tickets  against  the  proper  persons  for  such  subdis- 


60  Virginia  School  Laws 


trict  school  tax  levy,  and  place  them  in  the  hands  of  the  treas- 
urer of  such  subdistrict  on  or  before  November  first  of  the  current 
year/  and  such  treasurer  shall  proceed  to  collect  the  same,  and  on 
all  such  tickets  not  paid  by  December  first  of  the  current  year 
there  shall  be  five  per  centum  of  the  amount  thereof  added  thereto. 
Said  school  subdistrict  treasurer,  for  the  collection  of  such  sub- 
district  school  taxes  shall  have  all  the  powers  of  distress  and  levy 
that  may  be  given  by  law  to  county  treasurers  for  the  collection 
of  other  taxes;  and  each  such  tax  ticket  which  may  not  be  paid 
in  any  year  shall  be  attached  to  the  tax  ticket  rendered  against 
the  same  person  for  the  succeeding  year  or  years  until  paid,  and 
all  of  such  tax  tickets  shall  be  and  remain  in  date,  and  the  sub- 
district  treasurer  shall  have  the  same  powers  from  year  to  year 
with  respect  to  the  collection  of  all  such  uncollected  tax  tickets  as 
he  may  have  with  respect  to  tax  tickets  for  the  current  year;  and 
such  respective  subdistrict  school  funds  shall  be  paid  out  by  the 
subdistrict  treasurer  thereof  upon  warrants  signed  by  the  chairman 
and  countersigned  by  the  clerk  of  such  subdistrict  board  of  the 
form  hereinafter  prescribed;  and  reports  shall  be  made  by  such 
treasurer  annually  to  the  subdistrict  annual  meeting,  and  settle- 
ment shall  be  made  by  such  treasurer  annually  preceding  such  an- 
nual meeting  with  the  subdistrict  school  board  with  respect  to  such 
subdistrict  school  funds,  and  the  result  of  such  settlement  and  the 
levy  voted  at  each  annual  school  subdistrict  meeting  shall  be  prompt- 
ly certified  by  the  clerk  of  such  subdistrict  board  to  the  school 
board  of  the  county,  and  by  the  latter  certified  to  the  division  su- 
perintendent of  schools  along  with  the  estimates  provided  for  in 
section  fourteen  hundred  and  forty-seven  [section  39  of  school  law]. 
Every  school  subdistrict  treasurer,  on  going  out  of  office,  shall  de- 
liver to  his  successor  all  uncollected  tax  tickets,  books  and  papers 
belonging  to  his  office,  and  all  money  belonging  to  his  school  subdis- 
trict fund,  and  such  successor  shall  have  the  same  powers  with  re- 
spect to  the  collection  of  all  such  uncollected  tax  tickets  as  he  has 
with  respect  to  tax  tickets  for  the  current  year.  For  every  breach 
of  any  condition  of  the  bond  of  every  school  subdistrict  treasurer, 
action  shall  be  brought  at  the  relation  of  his  successor  (and  such 
successor  shall  institute  same  promptly  on  coming  into  office),  for 
the  benefit  of  the  school  subdistrict,  before  a  justice  of  the  peace,  if 
for  a  sum  not  exceeding  one  hundred  dollars,  and  if  for  a  sum  ex- 
ceeding that  amount,  then  in  the  circuit  court  of  the  county,  or  the 
same  may  be  recovered  by  motion  in  said  court  after  five  days'  no- 


Public  Free  School  Law  61 

tice.  Upon  any  judgment  rendered  in  such  suit  or  motion  a  writ  of 
fieri  facias  may  issue,  which  shall  conform  in  all  respects  to  writs 
of  fieri  facias  issued  under  chapter  thirty  of  the  Code  of  Virginia, 
as  amended,  and  be  proceeded  with  in  the  same  manner. 

The  school  directors  of  each  subdistrict  shall  also  have  the  fol- 
lowing powers  and  duties: 

la.  To  explain,  enforce,  observe,  and  to  make  rules  in  execution 
of  the  by-laws  of  their  respective  subdistricts  and  supplementary 
thereto,  when  necessary,  for  the  government  of  the  schools  of  their 
respective  subdistricts. 

2  a.  To  call  general  and  special  meetings  of  their  respective 
subdistricts,  as  provided  for  by  the  by-laws  thereof  and  by  law. 

3 a.  To  contract  with  the  teacher  of  the  school  of  their  subdis- 
tricts with  respect  to  the  supplement,  if  any,  such  subdistrict  is 
to  add  to  the  salary  of  such  teacher  in  addition  to  the  salary  paid 
same  from  the  State,  county,  and  district  school  funds;  and,  sub- 
ject to  the  rules  and  regulations  of  the  district  school  board  in 
which  such  subdistrict  is  located,  and  subject  also  to  said  by-laws, 
and  such  action  as  said  subdistrict  meetings  may  have  taken  with 
respect  thereto,  if  any,  to  contract  for  and  authorize  any  other  ex- 
penditures to  be  made  by  the  subdistrict  with  respect  to  the  sup- 
plement, if  any,  such  subdistrict  is  to  add  to  the  funds  provided 
from  the  State,  county,  and  district  school  funds,  for  the  expense 
of  furniture,  apparatus,  repairs,  fuel,  and  other  necessary  charges 
affecting  the  welfare  and  efficiency  of  such  schools;  and  to  provide 
for  payment  of  such  supplement  to  the  teacher's  salary  and  of 
such  expenditures,  including  the  pay  of  the  clerk  of  such  subdis- 
trict board  of  school  directors,  and  of  the  school  directors  thereof, 
if  any,  as  fixed  by  the  next  preceding  annual  meeting  of  such  sub- 
district, 

4a.  To  examine  all  claims  against  the  subdistrict,  and,  when 
approved,  to  pay  the  same  by  warrants  drawn  on  the  subdistrict 
treasurer  signed  by  the  chairman  of  such  subdistrict  school  board 
of  directors  and  countersigned  by  its  clerk,  payable  to  the  person 
entitled  to  receive  such  money,  and  stating  on  its  face  the  purpose 
or  service  for  which  it  is  paid,  and  that  such  warrant  is  drawn  in 
pursuance  of  an  order  entered  by  the  board  of  school  directors  of 
the  subdistrict  in  question  (designating  same  plainly  by  proper 

number  or  letter)  on  the day  of  —  —  (designating  date 

of  the  order). 

5  a.   To  visit  the  school  of  their  respective  subdistrictfs  not  less 


62  Virginia  School  Laws 

than  once  each  month  throughout  the  school  session  and  take  care 
that  it  is  conducted  according  to  law  and  with  the  utmost  efficiency. 
They  shall  also  do  what  they  can  to  secure  the  enrollment  and  regu- 
lar attendance  of  children  at  school  and  to  promote  the  appreciation 
and  desire  of  education  among  the  people. 

6 a.  To  determine  what  shall  be  the  length  of  school  session  in 
their  subdistricts,  respectively,  each  year,  in  addition  to  the  school 
session  which  is  authorized  by  other  proper  school  authorities,  for 
the  expenses  of  which  additional  length  of  session  the  subdistrict 
shall  be  responsible. 

7a.  To  do  all  in  their  power  to  protect  and  improve  the  school 
property,  and  to  render  it  comfortable,  decent,  and  attractive.  They 
shall  also  support  and  counsel  the  teacher  and  do  what  they  can  to 
secure  justice  and  harmony  among  all  concerned. 

Sa.  To  report  any  matter  required  by  the  said  division  superin- 
tendent of  schools  at  any  time  called  upon. 

9 a.  To  perform  such  other  duties  as  may  be  prescribed  by  the 
State  Board  of  Education  or  which  may  be  imposed  by  law. 

Eighteenth.  This  act  shall  not  interfere  with  the  duties  and 
authority  of  the  division  superintendent  of  schools  in  respect  to 
teachers  and  schools  as  heretofore  provided  by  law.  Xor  shall 
this  act  be  considered  as  applicable  to  cities  or  towns  set  off  as 
separate  school  districts  having  more  than  one  primary  public 
school,  except  that  such  city  or  town  districts  are  hereby  empow- 
ered to  extend  their  lines  beyond  the  corporate  limits  so  as  to  em- 
brace the  children  in  the  suburbs  when  the  district  school  boards 
of  the  districts  which  may  be  affected  thereby  shall  agree  upon 
the  same.  x\nd  in  case  of  disagreement  the  matter  shall  be  deter- 
mined by  appeal,  as  hereinbefore  provided;  and  where  new  lines 
have  been  established  for  school  districts  the  apportionment  of 
school  money  to  the  school  districts  shall  be  made  to  conform  to  such 
change. 

Nineteenth.  It  shall  be  the  duty  of  the  State  Board  of  Educa- 
tion to  make  all  such  rules  and  regulations  as  may  be  needed  for 
carrying  into  effect  the  provisions  of  this  act. 

Twentieth.  Any  &tate  Superintendent  of  Public  Instruction, 
clerk,  district  school  trustee,  division  superintendent  of  schools  or 
subdistrict  school  officer  failing  or  refusing  to  comply  with  the  pro- 
visions of  this  act  shall,  upon  conviction,  be  deemed  guilty  of  a  mis- 
demeanor, and  be  punished  by  a  fine  of  not  less  than  fifty  and  not 
exceeding,  one  thousand  dollars. 


Public  Free  School  Law  63 

Twenty-first,  This 'act  shall  apply  to  those  counties,  and  only 
to  those,  in  which  it  may  be  adopted  after  due  consideration  by  the 
connty  school  boards  thereof,  respectively :  provided,  that  the  county 
set  ~>ol  board  of  any  county  in  which  this  act  shall  be  adopted  as 
aforesaid  may,  if  in  its  judgment  the  operation  ^of  the  same  is- in- 
jur  ous  to  the  interests  of  education,  apply  to  the  State  Board  of 
Education  for  relief  to  the  county  from  the  provisions  of  the  act,  and 
the  said  board  shall  have  power  to  grant  such  relief.  (Code,  Sec. 
1470;  Acts  1906,  page  415;  1908,  page  43) 

School  Officers 

70.  Officers  and  teachers  not  to  have  pecuniary  interest  in 
books,  and  so  forth,  supplied  to  schools;  exceptions;  not  to  discount 
warrant. — First.  Xo  member  of  the  State  Board  of  Education,  nor 
any  division  superintendent  of  schools,  nor  school  trustee,  nor  any 
other  school  officer,  nor  any  teacher  of  a  public  free  school,  shall 
have  any  pecuniary  interest,  directly  or  indirectly,  in  any  contract 
for  building  a  public  free  school-house  or  in  furnishing  material 
to  a  contractor  for  building  such  school-house,  or  in  suppling  books, 
maps,  school  furniture  or  apparatus  to  the  public  free  schools  of 
this  State,  or  act  as  agent  for  any  author,  publisher,  bookseller,  or 
dealer  in  any  such  school  furniture  or  apparatus,  directly  or  in- 
directly, receive  any  gift,  emolument,  reward,  or  promise  of  reward, 
for  his  influence  in  recommending  or  procuring  the  use  of  any 
book,  map,  school  furniture,  or  apparatus  of  any  kind  in  any  public 
free  school  of  this  State.  Any  school  officer  or  teacher  who  shall 
violate  this  provision,  besides  being  removed  from  his  post,  shall 
be  subject  to  a  penalty  of  not  less  than  ten  nor  more  than  five  hun- 
dred dollars.  Exception  to  the  requirements  of  this  section  may 
be  made  by  the  State  Board  of  Education  in  the  case  of  a  school 
officer  or  teacher  being  the  author  of  any  school  book  or  map,  or 
the  inventor  of  school  furniture  or  apparatus,  in  which  case  the  State 
Board  of  Education  may,  in  its  discretion,  make  specific  arrange- 
ments whereby  such  school  officer  or  teacher  may,  if  his  book,  map, 
or  invention  be  adopted  by  the  proper  authority,  enjoy  the  benefits 
of  the  proceeds  thereof  without  offence:  provided,  that  no  unfair 
advantage  be  allowed  over  other  competitors  in  securing  the  adop- 
tion of  the  book,  map,  or  invention.  Exceptions  shall  also  be  made 
in  the  case  of  a  merchant  who,  in  the  regular  course  of  trade  and 
without  employing  agejits  to  solicit  such  business,  sells  either  books 


64  Virginia  Sclidol  Laws 


selected  and  adopted  by  the  State  Board  of  Education  or  supplies 
used  in  the  schools  and  by  the  pupils. 

Second.  It  shall  not  be  lawful  for  any  member  of  a  school 
board,  or  any  officer  of  the  public  free  schools,  or  any  firm  in 
which  said  trustee  or  officer  is  interested,,  or  any  agent  of  such  trus- 
tee or  officer,  to  be  concerned  in  any  contract  with  a  public 
free  school  board  or  a  committee  of  such  school  board  for  any  work 
or  labor  ordered  to  be  done,  or  for  goods,  wares,  or  merchan- 
dise or  supplies  of  any  kind  ordered  by  a  school  board  or  a  commit- 
tee of  such  school  board,  except  as  provided  in  first  subdivision  of 
this  section.  It  shall  be  unlawful  for  any  such  trustee  or  officer  to 
sell,  convey,  or  deliver  any  goods,  wares,  merchandise,  or  supplies 
of  any  kind  to  a  school  board  or  a  committee  of  such  board,  or 
to  receive,  directly  or  indirectly,  any  profit  or  emolument  from  any 
contract  with,  or  sale  to,  such  board  or  a  committee  thereof,  except 
as  provided  in  this  section.  If  any  such  contract  or  sale  shall  be 
made  it  shall  be  void,  and  if  such  claim  or  bill  be  paid,  the  amount 
paid,  with  interest,  may  be  recovered  by  the  county  or  district  within 
two  years  after  payment  by  action  or  motion  in  the  circuit  court 
having  jurisdiction  over  said  county  or  district. 

Third.  It  shall  be  unlawful  for  any  county,  district,  or  school 
officer,  school  trustee,  or  corporation  officer  in  this  Commonwealth 
to  acquire  by  purchase,  at  less  than  its  face  value,  directly  or  in- 
directly, express  or  implied,  any  warrant  or  other  evidence  of  in- 
debtedness issued  by  any  board  of  supervisors  or  any  common 
council  or  board  of  aldermen  of  any  county,  city  or  town  in  this 
Commonwealth,  or  any  warrant  or  claim  issued  by  any  of  the  pub- 
lic free  school  officers  or  school  boards  of  this  State  for  the  pay 
of  teachers,  or  the  building  of  school-houses,  or  purchase  of  school 
books,  school  furniture,  or  apparatus.  Any  such  officer  or  trustee 
violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  twenty  dollars  nor  more  than  five  hundred 
dollars,  and  in  the  discretion  of  the  jury  may  be  imprisoned  in  the 
county  or  corporation  jail  not  more  than  six  months;  and  the 
judge  of  every  circuit  and  corporation  court  in  this  Commonwealth 
shall  give  this  law  specially  in  charge  to  every  grand  jury  empaneled 
therein.  (Code,  Sec.  1472) 

71.  Delivery  of  records,  atid  so  forth.,  to  successors. — All  school 
officers  going  out  of  office  shall  deliver  to  their  successors  the 
records  and  all  official  papers  belonging  to  the  office.  In  case  of 


Public  Free  School  Law  65 

the  refusal  or  failure. of  any  officer  to  do  so,  on  demand  by  his  suc- 
cessor, he  shall  forfeit  not  less  thai^  twenty-five  nor  more  than  one 
hundred  dollars  therefor,  and  a  like  penalty  for  each  month  dur- 
ing which  he  shall  persist  in  withholding  the  same.  (Code,  Sec. 
1473) 

72.  Penalties  on  officers  and  teachers. — Any  division  super- 
intendent of  schools,  school  trustee,  or  other  school  officer,  or  any 
teacher  in  a  public  school,  who  shall,  by  malfeasance  or  neglect, 
offend  against  the  provisions  of  this  chapter,  if  no  other  specific 
penalty  be  prescribed,  shall  be  subject  to  a  fine  of  not  less  than 
five  nor  more  than  fifty  dollars  for  each  offence.     (Code,  Sec.  1474) 

73.  Disposition  of  penalties;  how  sued  for. — All  penalties  and 
forfeitures  imposed  by  the  school  law  upon  a  division  superinten- 
dent or  a  county  treasurer  of  the  county,  and  all  penalties  imposed 
upon  the  school  trustees  or  other  district  school  officers,  or  upon 
teachers,  shall  be  for  the  benefit  of  the  literary  fund.     The  suit  for 
such  penalties  shall  be  in  the  name  of  the  Commonwealth,  and  if 
prosecuted  in  a  court  of  record  it  shall  be  the  duty  of  the  attorney 
for  the  Commonwealth  for  the  county  to  conduct  the  same.     It  shall 
also  be  the  duty  of  the  attorney  for  the  Commonwealth,  and  any 
school  officer  of  the  county,  or  of  any  school  district,  as  the  case  may 
be,  to  set  such  prosecution  on  foot:  provided,  that  if  a  penalty  shall 
be  inflicted  for  any  such  offence  by  any  of  the  school  authorities,  in 
pursuance  of  the  school  law,  the  party  shall  not  be  a  second  time  sub- 
jected to  a  penalty  therefor.     (Code,  Sec.  1475) 

74.  Removal  of  officer  from  office;  proceedings  therefor. — The 
circuit  courts  of  counties  and  the  corporation  courts  of  corpora- 
tions shall  have  power  to  remove  from  office  all  county,  city,  and 
district  officers  elected  or  appointed  for  their  respective  counties, 
cities,  and  districts  for  malfeasance,  misfeasance,  incompetency,  or 
gross  neglect  of  official  duty:  provided,  however,  that  such  power 
to  remove  the  clerk  of  a  court  shall  be  vested  only  in  the  court  of  • 
which  he  is  clerk:  provided  further,  that  nothing  in  this  section 
shall  be  construed  to  interfere  with  any  power  vested  in  the  mayor 
of  any  city  by  section  one  hundred  and  twenty,  article  eight,  of  the 
constitution  of  the  State,  or  to  repeal  any  provision  of  the  charter 
of  any  city,  or  any  ordinance  in  pursuance  of  such  charter,  for  the 
removal  of  any  of  its  officers.     All  proceedings  under  this  section 
shall  be  by  order  of,  or  on  motion  before,  the  proper  court  upon  rea- 
sonable notice  to  the  officer  to  be  affected  thereby;  and  such  officer 


66  Virginia  School  Laws 


shall  have  the  right  to  demand  a  trial  by  jury,  except  in  cases  where 
the  officer  is  an  appointee.     (Code,  Sec.  821) 

75.  Form  of  general  oath. — Every  person,  before  entering  upon 
the  discharge  of  any  function  as  an  officer  of  this  State,  shall  take 
and  subscribe  the  following  oath :      UI,   -  — ,   do   solemnly 
swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  the  State  of  Virginia  ordained  by 
the  convention  which  assembled  in  the  City  of  Richmond  on  the 
twelfth  day  of  June,  nineteen  hundred  and  one,  and  that  I  will 
faithfully  and  impartially  discharge  and  perform  all  the  duties  in- 
cumbent upon  me  as  -              -  according  to  the  best  of  my  ability. 
So  help  me  God."     (Code,  Sec.  168) 

76.  Form  of  oath  against  duelling  where  disabilities  not  re- 
moved.— He  shall  also  at  the  same  time,  unless  his  disabilities  shall 
have  been  removed  by  the  General  Assembly,  take  and  subscribe 
the  following  oath:     "I  swear  that  I  have  not,  while  a  citizen  of 
this  State,  since  the  tenth  day  of  July,  nineteen  hundred  and  two, 
fought  a    duel   with    a  deadly   weapon,  or  sent  or  accepted  a  chal- 
lenge to  fight  a  duel  with  a  deadly  weapon,  either  within  or  beyond 
the  boundaries  of  this  State,  or  knowingly  conveyed  such  challenge, 
or    aided    or    assisted    in    any    manner    in    fighting    such    duel: 
and  that  I  will  not  fight  a  duel  with    a  deadly  weapon,  or  send  or 
accept  a  challenge  to  fight  a   duel  with  a  deadly  weapon,   either 
within  or  beyond  the  boundaries  of  this  State,  or  knowingly  con- 
vey such  challenge,  or  aid  or  assist  in  any  manner  in  fighting  such 
duel,  during  my  continuance  in  office.     So  help  me  God."     (Code, 
Sec.  169) 

77.  Where  the   fact  of  oaths  having  been  taken  is  recorded.— 
When  a  person  elected  or  appointed  to  any  office  or  post  takes  the 
oaths  required  of  him  in  a  court  of  record,  a  transcript  from  the 
record  of  the  court,  stating  the  fact  of  their    having    been    taken, 
and  when  he  takes  such  oath  before    a    judge   or    other    person,    a 
certificate  of  the  person  administering  the  same,   stating  the  fact 
of  their  having  been  taken,  shall  be  obtained  by  the  person  taking 
the  same,  and  be  by  him  delivered  for  record  as  follows — that  is  to 
say:    When  the  oaths  are  taken  by  the  Governor,  Lieutenant-Gover- 
nor, Attorney-General,  Secretary  of  the  Commonwealth,  State  Treas- 
urer, Superintendent  of  Public  Instruction,  Commissioner  of  Agri- 
culture and  Immigration,  State  Assayer  and  Chemist,  members  of 
the  State  Corporation  Commission,  Librarian,  and  Commissioner  of 
the  State  Hospitals  for  the  Insane,  either  of  the  officers  mentioned 


Public  Free  School  Law  67 

in  sections  two  hundred  and  twenty-three,  two  hundred  and  thirty- 
two,  two  hundred  and  thirty-three,  or  forty-one  hundred  and  sixty, 
or  a  commissioner  appointed  by  the  Governor,  the  record  shall  be  on 
the  journal  of  the  executive;  when  taken  by  any  of  the  clerks  men- 
tioned in  the  fourth,  fifth,  and  sixth  subdivisions  of  section  one  hun- 
dred and  eighty-three,  it  shall  be  in  the  office  of  that  officer  by  whom 
the  clerk  may  have  been  appointed;  when  taken  by  a  judge,  the  re- 
cord shall  be  in  the  first  court  in  which  he  sits ;  when  taken  by  any 
officer  appointed  by  or  belonging  to  a  court,  it  shall  be  in  the  said 
court  or  in  such  other  as  prescribed  by  law;  in  the  case  of  a  member 
or  officer  of  either  house  of  the  General  Assembly,  the  record  shall 
be  on  the  journal  of  the  house,  or  in  such  other  manner  as  the  house 
may  prescribe  by  its  rules. 

And  in  the  case  of  any  other  officer,  unless  it  be  otherwise  pro- 
vided, the  record  shall  be  in  the  court  of  the  county  or  corporation 
in  which  the  duties  are  to  be  discharged;  or,  if  his  duties  are  not 
to  be  discharged  wholly  in  one  county  or  corporation,  then  in  the 
court  of  the  county  or  corporation  in  which  such  officer  resides. 
(Code,  Sec.  175) 

Teachers  and  Courses  of  Instruction 

78.  Teachers  to  hold  certificate  of  qualification. — Every  teacher 
of  a  public  free  school  shall  hold  a  certificate  in  full  force,  issued 
or  approved  by  the  division  superintendent  prior  to  July  first,  nine- 
teen hundred  and  six,  or  after  that  date  to  be  issued  by  the  State 
Board  of  Examiners  and  Inspectors  and  approved  by  the  superin- 
tendent of  schools  for  the  division  within  which  such  teacher  is  to  be 
employed.     (Code,  Sec.  1476) 

79.  To  pay  teachers  in  the  public  schools  of  Virginia  without 
requiring  average  attendance  of  pupils. — The  pay  of  a  teacher  in 
the  public  schools  of  this  State  shall  not  be  governed  by  the  daily 
average  attendance  of  pupils,  provided  the  average  attendance  of 
pupils  exceeds  ten.     (Code,  Sec.  1480a) 

80.  Relief  of  school  teachers. — In  cases  where  the  monthly  sal- 
ary of  a  public  free  school  teacher  has  been  reduced  in  consequence 
of  a  lower  average  attendance  of  pupils  during  any  month  or  months 
of    the    school   term   than    the    average    required    by    law,    and    it 
further  appears  from  the  term  report  that    the    average    attend- 
ance of  pupils  during    any    month    or     months  of  the  school  term 
has  been  above  that  required  by  law,  then  such  teacher  shall  be 
entitled  to  a  compensation  per  capita  at  the  rate  specified  in  the 


68  Virginia  School  Laws 


contract  to  the  extent  to  which  the  excess  in  the  average  attend- 
ance above  the  required  average  makes  up  for  the  deficiency  there- 
in: provided,  that  in  no  case  shall  the  whole  amount  of  salary  al- 
lowed exceed  the  maximum  salary  specified  in  the  teacher's  writ- 
ten contract.  Warrants  for  such  amounts  as  may  be  shown  by  the 
term  report  to  be  due  shall  be  issued  and  paid  in  the  manner  pre- 
scribed by  law  for  issuing  and  paying  other  warrants  for  teachers' 
salaries.  (Code,  Sec.  1480b) 

81.  To  keep  register  and  deliver  same  at  close  of  term  to  clerk. 
Every  teacher  in  a  public  free  school  shall  keep  a  daily  register  of 
facts  pertaining  to  his  school  in  such  form  as  the  Superintendent  of 
Public  Instruction  shall  require,  and  shall  be  responsible  for  the  safe 
keeping  and  delivery  of  the  same  to  the  clerk  of  the  school  board  at 
the  close  of  the  school  term,  or  of  the  period  of  his  service,  whichever 
shall  first  happen.     (Code,  Sec.  1477) 

82.  Must  enter  into  written  contracts. — Written  contracts  shall 
be  made  by  the  district   school   board   with   all   public   free  school 
teachers,  in  a  form  to  be  prescribed  by  the  Superintendent  of  Pub- 
lic Instruction,  before  they  enter  upon  their  duties.     Such  contracts 
shall  be  signed  in  duplicate,  each  party  holding  a  copy.     (Code,  Sec. 
1478) 

83.  Providing  a  retirement  fund  for  public  school  teachers- — 
Any  person,  not  including  the  division  superintendents,  who  has 
taught  in  the  public  schools  of  this  State,  may  make  application  to 
be  retired  and  pensioned  under  the  terms  of  this  act,  provided  his 
case  comes  under  either  of  the  two  following  classifications : 

Class  "A"  shall  include  every  person  who  has  taught  in  the 
public  schools  of  this  State  an  aggregate  of  at  least  twenty  years 
and  who  has  maintained  a  good  record  and  by  reason  of  physical  or 
mental  infirmity  or  old  age  is  incapable  of  rendering  efficient  ser- 
vice as  a  teacher. 

Class  "B"  shall  include  every  person  who  has  taught  in  the 
public  schools  of  this  State  for  an  aggregate  of  at  least  30  years  and 
who  has  maintained  a  good  record  and  has  reached  the  age  of  58 
years  if  a  man,  and  50  years  if  a  woman. 

The  State  Board  of  Education  is  authorized,  and  it  shall  be  its 
duty,  to  place  any  such  person  on  the  list  to  be  known  as  the  "retired 
teachers'  list,"  and  pay  him  a  pension  as  hereinafter  provided,  sub- 
ject to  the  exceptions  and  restrictions  mentioned  herein;  and  a  care- 
ful record  of  the  names  of  the  teachers  pensioned  under  this  act  shall 
be  kept  by  the  State  Board  of  Education. 


Public  Free  School  Law  69 

2.  ]STo  applicant  under  Class  "A"  shall  be  pensioned  until  and 
unless  his  mental  or  physical  disability  is  shown  by  evidence  satis- 
factory both  to  the  State  Board  of  Health  and  the  State  Board  of 
Education,  and  either  of  the  said  boards  may  order  a  special  medical 
examination  by  some  physician  appointed  by  it,  the  expenses,  not 
exceeding  five  dollars  in  each  case  of  the  said  special  examination, 
to  be  borne  by  the  applicant,  unless  otherwise  directed  by  the  State 
Board  of  Education. 

3.  Any  person  in  either  class  retired  under  this  act  shall  have 
deducted  from  the  first  year's  pension  an  amount  equal  to  thirty 
per  centum  of  the  average  annual  salary  earned  by  such  person 
during  the  last  five  years  he  was  a  teacher  in  this  State  less  the 
amounts  already  contributed  to  the  pension  fund  by  such  person 
retired. 

All  money  so  deducted  shall  be  used  to  create  a  permanent  en- 
dowment for  the  retirement  fund,  and  only  the  income  shall  be  used 
in  paying  pensions  or  other  current  expenses. 

4.  The  fund;  whence  derived. — In  order  to  provide  a  fund  to 
pension  said  retired  teachers,  all  contracts  with  teachers  shall  pro- 
vide that  the  chairman   and  clerk  of  the  school  board,   or  other 
officers  whose  duty  it  is  to  pay  public  school  teachers,  shall  deduct 
monthly  from  the  salary  of  each  teacher  in  the  State  a  sum  equal 
to  one  per  centum  of  his  salary.     In  order  that  the  sum  so  deducted 
shall  be  promptly  covered  into  the  treasury  of  the  State,  it  shall 
be  the  duty  of  the  State  Board  of  Education  to  deduct  fr^m  the 
annual  apportionment  on  account  of  the  appropriation  of  the  Gen- 
eral  Assembly   and   the   accumulated   interest   on   the   investments 
of  the  literary  fund  one  per  centum  of  the  total  amount  of  the  sala- 
ries of  the  teachers  of  each  county,  town,  or  city,  as  shown  by  the 
annual  report  of  the    division    superintendent    for    the    preceding 
year.     Should  the  salaries  of  the  teachers  for  the  current  year  ex- 
ceed the  salaries  paid  the  preceding  year,  then  the  State  Board  of 
Education  shall  deduct  for  the  succeeding  year  an  additional  amount 
sufficient  to  cover  said  excess,  it  being  the  intention  in  this  section 
of  the  act  to  provide  a  convenient  means  of  paying  the  pensions 
deducted  from  the  teachers'  salaries  into  the  State  treasury  without 
having  the  trouble  and  expense  of  many  small  remittances  from  a 
large  number  of  clerks  of  district  boards.     All  amounts  so  deducted 
and  received  shall  be  placed  by  the  State  Treasurer  to  the  credit  of 
the  fund,  to  be  called  the  "retired  teachers'  fund,"  and  an  accurate 
account  shall  be  kept  of  all  funds  so  received. 


70  Virginia  School  Laws 

5.  Appropriation. — The  sum  of  $5,000  per  annum  is  hereby 
appropriated  out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated to  carry  into  effect  the  provisions  of  this  act.     The  said  sum 
shall  be  turned  over  to  the  State  Board  of  Education  and  deposited 
as  aforesaid  with  the  State  Treasurer,  to  be  placed  to  the  credit  of 
the  fund  created  by  section  four  of  this  act. 

6.  Legacies,  bequests,  and  so  forth. — All  legacies,  bequests,  and 
funds  derived  from  devises  for  the  bene.fit  of  the  teachers  under  this 
act  shall  be  paid  over  to  the  State  Board  of  Education  and  shall  be 
by  it  transferred  as  aforesaid  to  the  Treasurer  of  Virginia,  to  be 
placed  to  the  credit  of  the  fund  provided  for  in  section  four  or  seven 
of  this  act,  as  may  be  proper  to  carry  out  the  terms  of  the  gift. 

All  money  belonging  to  this  fund,  from  whatsoever  source  de- 
rived by  the  State  Board  of  Education,  shall  be  paid  into  the  treas- 
ury of  the  State  through  the  office  and  upon  the  warrant  of  the  Sec- 
ond Auditor  of  Virginia. 

7.  The  State  Board  of  Education  shall  be  permitted  to  invest 
the  capital  and  unappropriated  income  of  the  said  "retired  teachers' 
fund/'  as  provided  in  the  eleventh  subdivision  of  section  fourteen 
hundred  and  thirty-three  of  the  Code  [subsection  11  of  section  7, 
school  law],  with  all  the  powers  of  investment   or  re-investment 
granted  by  said  section.     And  all  securities  belonging  to  said  fund 
shall  be  deposited  with  the  Second  Auditor  for  safe  keeping,  who 
shall  return  with  his  annual  report  a  list  thereof  with  a  statement 
of  their  value. 

Only  the  income  of  the  funds  received  and  invested  under  this 
section  shall  be  used  in  paying  pensions  or  other  current  expenses. 

8.  What  pensions  to  be  paid.— The  State  Board  of  Education 
shall  quarterly,  on  the  first  day  of  January,  April,  July  and  Octo- 
ber of  each  year,  issue  its  warrant  on  said  fund,   signed  by  the 
president  and  secretary  of  said  board,  for  the  benefit  of  each  person 
whose  name  has  been  placed  on  said  list  for  the  Quarter  immediately 
preceding  the  time  of  payment  for  a  sum  equal  to  one-eighth  of 
the  average  annual  salary  earned  by  such  person  during  the  last 
five  years  he  was  a  teacher  in  the  public  schools  of  this  State.     The 
Second  Auditor  shall  issue  his  warrants  to  said  persons  accordingly. 
In  no  event,  however,  shall  any  quarterly  pension  exceed  the  sum 
of  one  hundred  dollars :  provided,  that  any  person  whose  average  an- 
nual salary  during  the  last  five  years  he  was  a  teacher  in  the  public 
schools  of  this  State  equaled  or  exceeded  one  thousand  dollars  may 
receive  as  a  quarterly  pension  as  much  as  one  hundred  and  twenty- 


Public  Free  School  Law  71 

five  dollars.  In  the  event  that  the  available  funds  shall,  in  the 
judgment  of  the  State  Board  of  Education,  upon  a  prudent  and 
equitable  appropriation  of  the  same,  for  any  quarter  be  insufficient 
to  pay  all  pensions  due  for  the  quarter  to  the  full  amount  thereof, 
then  the  same  shall  be  paid  pro  rata  according  to  the  amount  of 
money  that  is  available  as  aforesaid. 

9.  The  State  Board  of  Education  shall  see  that  proper  arrange- 
ments are  made  for  keeping  an  accurate  account  of  all  moneys  re- 
ceived, invested  or  disbursed  under  this  act,  and  the  Superintendent 
of  Public  Instruction  shall  include  a  full  statement  of  all  the  trans- 
actions of  said  fund  in  his  annual  or  his  biennial  report.     The  State 
Board  of  Education  shall  require  proper  and  sufficient  bonds  from 
the  person  or  persons  charged  with  the  management  or  custody  of 
said  funds,  except  in  the  cases  of  the  State  Treasurer  and  Second 
Auditor,  whose  official  bonds  shall  cover  the  said  funds,  for  the  proper 
application  of  which  they  and  the  sureties  on  their  official  bonds 
shall  be  liable. 

10.  Prior  to  January  1,  1911,  no  person  shall  be  placed  on  the 
"retired  teachers'  list"  under  Class  "A"  or  Class  "B"  unless  such 
person  shall  have  taught  at  least  one  session  in  the  public  schools 
of  this  State  since  July  1,  1908;  after  January  1,  1911,  and  prior 
to  January  1,  1912,  no  person  shall  be  placed  on  said  list  unless 
such  person  shall  have  taught  at  least  two  sessions  since  July  1, 
1908;  after  January  1,  1912,  and  prior  to  January  1,  1913,  no  per- 
son shall  be  placed  on  said  list  unless  such  person  shall  have  taught 
at  least  three  sessions  since  July  1,  1908;  after  January  1,  1913, 
and  prior  to  January  1,  1914,  no  person  shall  be  placed  on  the  pen- 
sion list  unless  such  person  shall  have  taught  at  least  four  sessions 
since  July  1,  1908;  and  after  January  1,  1914,  no  person  shall  be 
placed  on  the  pension  list  unless  such  person  shall  have  taught  at 
least  five  sessions  since  July  1,  1908 :  provided,  that  the  provisions 
of  this   section   shall  not  apply   to   any  person  whose  application 
reached  the  State  Board  of  Education  prior  to  July  1,  1908. 

10^.  Any  person  who  would  have  been  entitled  to  a  pension 
under  this  act  under  either  Class  "A"  or  Class  aB"  had  it  been  in 
force  prior  to  July  1,  1908,  and  subsequent  to  July  1,  1902,  and  who 
retired  either  voluntarily  or  on  account  of  physical  disability  from 
teaching  in  the  public  schools  prior  to  July  1,  1908,  and  subsequent 
to  July  1,  1902,  and  who  is  otherwise  qualified  under  the  provisions 
of  this  act,  shall  receive  under  this  act  a  pension  equal  to  one-fourth 
of  the  average  salary  earned  by  such  person  in  teaching  a  public 


72  Virginia  School  Laws 


school  during  the  last  five  years  of  his  service,  which  shall  be  paid 
as  other  pensions  are  paid  under  this  act,  and  all  other  provisions 
affecting  other  pensioners  under  this  act  shall  apply  to  those  pen- 
sioned under  this  section. 

11.  The  State  Board  of  Education  shall  publish  annually  the 
retired  teachers'  list  in  the  Virginia  Journal  of  Education,  or  some 
other  paper  selected  by  it,  giving  the  name,  age,  and  quarterly  pen- 
sion of  each  person  on  said  list,  together  with  a  statement  of  the 
class  under  which  he  is  retired. 

12.  In  the  interest  of  fairness  and  justice  to  all  parties,  the  de- 
ductions provided  for  in  section  three  of  this  act  shall  be  made  to 
apply  to  all  persons  whose  names  have  been  or  shall  be  placed  on 
the  "retired  teachers'   list"   prior  to  the  time  this  law  goes   into 
effect  under  such  rules  and  regulations  as  may  be  prescribed  by  the 
State  Board  of  Education. 

13.  The  State  Board  of  Education  is  authorized  to  make  such 
further  rules  and  regulations  as  are  necessary  to  carry  out  the  pur- 
poses of  this  act.     (Acts  1910,  page  127) 

84.  How  persons  on  ''retired  teachers  list"  may  retire  or  be 
removed  therefrom  under  certain  circumstances  and  cease  to  receive 
pension. — 1.  Any  person  heretofore  or  hereafter  placed  on  the  "re- 
tired teachers'  list/'  under  the  terms  of  the  act  providing  a  retire- 
ment fund  for  public  school  teachers,  approved  March  ninth,  nine- 
teen hundred  and  ten,  under  Class  A,  shall  receive  a  pension  only  so 
so  long  as  his  mental  or  physical  disability  continues  to  exist;  and 
he  may  have  his  name  removed  from  said  list  at  his  own  request  at 
any  time,  or  the  State  Board  of  Health  or  the  State  Board  of  Edu- 
cation may  at  any  time,  and  shall  at  intervals  not  exceeding  three 
years,  require  a  new  examination  of  any  person  receiving  a  pension 
under  Class  A,  as  aforesaid,  to  determine  whether  the  said  person 
is  still  incapable  of  rendering  efficient  service  as  a  teacher  by  reason 
of  mental  or  physical  infirmity  or  old  age,  and  if  either  of  said 
boards  shall  be  of  opinion  that  the  said  disability  no  longer  exists, 
the  State  Board  of  Education  shall,  after  thirty  days'  notice,  remove 
the  said  recipient  of  a  pension  from  the  said  retired  teachers'  list, 
and  in  the  event  of  either  voluntary  retirement  or  such  removal,  the 
pensioner  shall  no  longer  receive  a  pension  unless  re-instated  as  here- 
after provided. 

2.  In  case  any  person  on  the  retired  teachers'  list  is  removed 
therefrom,  as  aforesaid,  or  voluntarily  retires  from  said  list,  he  shall 
6e  restored  to  the  same  rights  and  condition  regarding  certificates 


Public  Free  School  Law  73 

as  he  possessed  at  the  time  he  made  application  to  be  placed  on  the 
retired  teachers'  list. 

3.  Any  person  so  removed  from  the  retired  teachers'  list  or 
who  voluntarily  retires  therefrom  may  be  restored  to  said  list  at 
any  time,  either  under  Class  A  or  Class  B,  by  making  application 
011  forms  prepared  for  that  purpose  by  the  Superintendent  of  Pub- 
lic Instruction  without  regard  to  the  number  of  years  he  may  have 
taught  since  July  first,  nineteen  hundred  and  eight,  if  otherwise 
eligible  under  the  terms  of  the  said  act  of  March  ninth,  nineteen 
hundred  and  ten. 

4.  Any  person  whose  name  has  been  placed  upon  the  retired 
teachers'   list  who  shall  engage  in  teaching  in   any   of  the  public 
schools  of  this  State  shall  forfeit  his  right  to  a  position  on  the  re- 
tired teachers'  list  and  shall  be  removed  therefrom  by  the  State  Board 
of  Education. 

5.  Any  female  teacher  unmarried  at  the  time  her  pension  was 
applied  for  or  granted,  heretofore  placed  upon  the  retired  teachers' 
list,  who  taught  in  the  public  schools  of  this  State  for  an  aggregate 
of  less  than  thirty  years,  or  who  was  less  than  fifty  years  old  at  the 
time  she  was  placed  on  said  retired  teachers'  list,  shall  be  removed 
from  said  list  after  thirty  days'  notice  if  it  shall  appear  that  she 
has  heretofore  married  since  her  pension  was  applied  for,  or  if  she 
shall  hereafter  marry. 

Any  female  teacher  unmarried  at  the  time  of  her  pension  shall 
be  applied  for  or  granted,  hereafter  placed  upon  the  retired  teach- 
ers' list,  whose  service  in  the  public  schools  of  this  State  shall  be 
for  an  aggregate  of  less  than  thirty  years  or  who  is  less  than  fifty 
years  old  at  the  time  she  is  placed  on  the  retired  teachers'  list,  shall 
be  removed  from  said  list  after  thirty  days'  notice  if  it  shall  appear 
that  she  has  married  since  her  pension  was  applied  for. 

6.  In  any  case  in  which  any  person  is  removed  from  the  re- 
tired teachers'  list  under  the  terms  of  this  act  there  shall  be  paid 
back  to  him  the  amount  of  money  which  he  has  paid  into  the  re- 
tired teachers'  fund  with  six  per  centum  interest,  less  any  amount 
or  amounts  that  may  have  been  paid  to  him  out  of  the  retired  teach- 
ers' fund  while  his  name  remained  on  said  retired  teachers'  list. 
(Acts  1912,  page  655) 

85.  May  suspend  pupils- — A  teacher  of  a  public  free  school 
may,  for  a  sufficient  cause,  suspend  pupils  from  attendance  on  the 
school  until  the  case  is  decided  by  the  board  of  school  trustees,  which 
shall  be  with  as  little  delay  as  possible:  provided,  that  in  all  such 


74  Virginia  School  Laws 


cases  of  suspension  the  teacher  shall  report  the  facts  in  writing  to 
the  district  school  board,  and  to  the  parent  or  guardian  of  the  child 
suspended.  (Code,  Sec.  1479) 

86.  Meetings  of  teachers  to  be  encouraged;  summer  schools.— 
First.     Teachers'  meetings. — County   or   district  school  boards  may 
encourage  meetings  of  teachers  to  be  held  from  time  to  time  in  any 
county  or  school  district  under  such  regulations  as  the  division  super- 
intendent of  schools  may  prescribe. 

Second.  Appropriation  for  summer  schools. — A  sum  not  ex- 
ceeding five  thousand  dollars,  payable  out  of  any  amount  appro- 
priated out  of  the  general  fund  of  the  State  for  public  free  school 
purposes,  may  be  used  annually  by  the  State  Board  of  Education  for 
the  establishment  and  maintenance  of  State  summer  schools  for  the 
better  equipment  of  the  teachers  in  the  public  schools  of  this  State : 
provided,  that  not  less  than  eight  such  summer  schools  shall  be  held 
annually  in  this  State. 

Third.  Purpose  of  summer  schools. — The  purpose  of  said  sum- 
mer schools  shall  be  to  familiarize  the  teachers  in  the  public  schools 
of  this  State  with  more  advanced  methods  of  teaching  and  to  fur- 
nish such  additional  academic  training  as  will  tend  to  promote  the 
usefulness  of  the  public  schools. 

Fourth.  How  conducted. — The  said  summer  schools  shall  be 
conducted  under  the  general  management  of  the  State  Board  of 
Education,  and  shall  be  subject  to  the  supervision  of  the  Superin- 
tendent of  Public  Instruction,  who  shall  from  time  to  time  select  the 
places  of  holding  said  summer  schools,  the  instructors  thereof,  and 
regulate  the  course  of  instruction  to  be  pursued  therein. 

Fifth.  Terms  and  regulations. — The  said  summer  schools  shall 
be  held  for  a  period  of  not  less  than  four  weeks  in  each  year,  be- 
ginning on  such  day  or  days  in  the  summer  vacation  of  the  public 
schools  as  may  be  designated  by  the  Superintendent  of  Public  In- 
struction. The  sum  hereby  authorized  to  be  expended  shall  be  ap- 
plied exclusively  to  the  payment  of  instructors  and  to  other  necessary 
expenses  incident  to  the  conduct  of  said  schools:  provided,  that  all 
claims  for  services  of  instructors  and  other  necessary  expenses  shall 
be  submitted  to  and  approved  by  the  State  Board  of  Education,  and 
when  so  approved  shall  be  paid  by  warrants  of  said  board,  drawn 
on  the  Second  Auditor,  and  a  separate  account  of  the  receipts  and 
disbursements  on  account  of  the  appropriation  shall  be  kept  by  said 
board.  (Code,  Sec.  1481) 

87.  Preference  to  be  given  to  graded  schools. — In  all  localities 


Public  Free  School  Law  75 

where  the  numher  of  children  is  sufficient,  preference  shall  be  given, 
under  suitable  regulations,  to  the  establishment  of  graded  schools. 
(Code,  Sec.  1502) 

88.  What  to  be  taught  in  schools. — In"  every  public  free  school 
shall   be   taught   orthography,   reading,   writing,    arithmetic,   gram- 
mar, geography,  physiology,  and    hygiene,  civil  government,  draw- 
ing, history  of  the    United    States    and    history    of    Virginia.     In 
teaching  physiology    and    hygiene    approved     text-books    shall  be 
used  plainly  setting  forth  the  effects  of  alcohol  and  other  narcotics 
on  the  human  system,  and  such  effects  shall  be  as  fully  and  thor- 
oughly taught  as  are  other  branches  of  the  said  last  named  sub- 
jects.    Provision  shall  further  be  made  for  moral  education  in  the 
public  schools  to  be  extended  throughout  the  entire  course.     Such 
instruction  shall  be  imparted  by  reading  books  and  text-books  incul- 
cating the  virtues  of  a  pure  heart  and  noble  life.    The  text-books  shall 
be  selected  as  are  other  text-books  by  the  State  Board  of  Education. 
(Code,  Sec.  1497) 

89.  Provision  for  intermediate  grades  of  instruction. — For  the 
purpose  of  encouraging  an  intermediate  grade  of  instruction  be- 
tween that  of  the  grammar  school  and  that  of  the  college,  any  county 
school  board  or  any  district  school  board  may,  under  regulations  to 
be  prescribed  by  the  State  Board  of  Education,  establish  and  main- 
tain schools  of  higher  grade,  or  in  any  public  school  provide  for 
instruction  in  any  branches  necessary  to  qualify  pupils  to  teach  in 
the  public  schools  or  to  enter  institutions  of  higher  education :  pro- 
vided that  for  instruction  in  such  higher  branches  the  board  may 
require  a  fee,  to  be  paid  monthly  or  quarterly  in  advance,  not  to 
exceed  two  dollars  and  fifty  cents  per  month  for  each  pupil.     (Code, 
Sec.  1498) 

90.  Higher  branches  not  to  interfere    with    elementary. — The 
establishment  of  such  schools  of  higher  grade  or  the  introduction 
of  such  higher  branches  shall  not  be  allowed  to  interfere  with  reg- 
ular and  efficient .  instruction  in  the  elementary  branches.      ( Code, 
Sec.  1499) 

91.  To  provide  for  instructing  pupils  so  as  to  prevent  accidents. 
1.  It  shall  be  the  duty  of  each  teacher  in  the  public  schools  of  the 
Commonwealth  to  devote  not  less  than  thirty  minutes  in  each  month 
of  the  school  session  for  the  purpose  of  instructing  the  pupils  there- 
in as  to  ways  and  means  of  proper  observation  so  as  to  prevent  acci- 
dents. 


76  Virginia  School  Laws 

2.  The  Superintendent  of  Public  Instruction  shall  forthwith 
prepare,  publish  and  distribute  proper  information,  arranged  in 
chapters  or  lessons  for  the  guidance  of  teachers  in  carrying  out  the 
povisions  of  this  act.  (Acts  1914,  page  212) 

92.  How  number  of  schools  regulated. — The  number  of  schools 
in  the  State  shall  be  according  to  the  funds  available,  and  for  this 
purpose  the  district  school  boards  are  authorized  to  provide  for  the 
consolidation  of  schools  and  the  transportation  of  pupils.      (Code, 
Sec.   1503) 

93.  School  boards  of  two  adjacent  districts  may  establish  joint 
schools. — The  school  boards  of  two  adjacent  districts,  whether  in  the 
same  or  different  counties,  shall,  with  the  consent  of  the  State  Board 
of  Education,  have  the  power  to  establish  joint  schools  for  the  use  of 
both  districts ;  and  shall  have  the  power  to  purchase,  take,  hold,  lease, 
and  convey  school  property,  both  real  and  personal,  in  either  district 
for  such  joint  schools;  and  the  title  to  all  such  property  acquired 
for  such  purposes  shall  vest  jointly  in  the  school  boards  of  such  ad- 
jacent districts,  and  such  schools  shall  be  managed  and  controlled 
by  the  said  boards  jointly.     (Acts  1914,  page  278) 

High  Schools 

94.  To  establish  and  maintain  a  system  of  public  high  schools 
and  to  appropriate  money  therefor. — First.  It  shall  be  lawful  for 
any  district  school  board  or  district  school  boards  to  establish  and 
maintain  a  public  high  school  at  such  place  as  may  be  both  most 
convenient  for  the  pupils  who  attend  and  most  conducive  to  the  pur- 
poses of  such  school:  provided,  that  the  high  school  may  be  con- 
ducted either  in  a  suitable  building  provided  for  that  purpose,  or  in 
the  same  building  with  one  of  the  graded  schools  of  the  district  in 
which  said  high  school  is  established,  but  no  State  funds  shall  be 
appropriated  under  this  act  for  high  school  purposes  until  provision 
has  been  made  to  maintain,  for  a  term  of  at  least  five  months  in  each 
year,  the  primary  and  grammar  schools  of  the  district  or  districts 
establishing  said  high  school  in  such  county  or  counties. 

Second.  Two  or  more  districts  in  the  same  or  adjoining  coun- 
ties may  unite  in  establishing  and  maintaining  a  joint  high  school 
under  the  provisions  of  this  act,  and  under  such  rules  and  regu- 
lations as  may  be  prescribed  by  the  State  Board  of  Education;  and 
the  said  board  shall  also  prescribe  the  requirements  for  admission 
to  such  high  school  and  the  conditions  on  which  properly  pre- 


Public  Free  School  Law  77 

pared  pupils  residing  in  other  districts  may  attend  said  high 
school. 

Third.  The  superintendent  or  superintendents  of  any  division 
in  which  said  high  school  shall  be  established  shall  give  due  notice 
of  the  same  to  the  State  Board  of  Education,  and  before  any  State 
funds  shall  be  appropriated  for  the  support  of  such  school  the 
said  board  shall  cause  the  same  to  be  inspected  by  a  competent 
person,  to  see  that  suitable  arrangements  have  been  made  to 
enable  the  school  to  conform  to  such  standard  as  may  be  pre- 
scribed by  the  State  Board  of  Education  for  regularly  organized 
public  high  schools  in  this  Commonwealth;  and  when  the  district 
school  board  or  district  school  boards  shall  appropriate  annually 
as  much  as  two  hundred  and  fifty  dollars  for  the  support  of  such 
high  school  from  the  local  school  funds  under  the  restrictions 
named  in  the  first  section  of  this  act,  or  from  funds  privately  sub- 
scribed for  this  purpose,  and  this  fact  shall  have  been  duly  certi- 
fied to  the  State  Board  of  Education  by  the  superintendent  of  the 
division  in  which  such  high  school  is  established,  then  the  State 
Board  of  Education  shall  issue  annually  a  warrant  on  the  Second 
Auditor  for  two  hundred  and  fifty  dollars  (250),  except  as  here- 
inafter provided,  in  favor  of  the  treasurer  of  the  county  in  which 
such  high  school  is  located,  which  money  shall  be  placed  to  the 
credit  of  the  high  school  fund  of  the  district  in  which  such  high 
school  is  located  and  paid  on  the  warrant  of  the  district  school 
board  exclusively  for  the  support  of  said  high  school.  The  treas- 
urer of  each  county  in  which  such  high  school  is  located  shall 
keep  such  funds  separate  and  distinct  from  other  public  school 
funds,  and  shall  make  a  detailed  report  of  receipts  and  disburse- 
ments of  said  high  school  fund  to  the  division  superintendent  of 
schools  at  the  same  time  that  he  makes  the  annual  report  of  his 
settlement  with  the  county  school  board:  provided,  that  not  more 
than  one  high  school  in  any  school  district  shall  have  the  bene- 
fit of  the  appropriation  of  State  funds  provided  for  in  this  act  un- 
less, in  the  judgment  of  the  State  Board  of  Education,  the  area 
and  school  population  of  a  district  may  justify  the  establishment  of 
more  than  one  high  school  therein. 

Fourth.  The  sum  of  fifty  thousand  dollars  ($50,000)  is  hereby 
appropriated  annually  for  the  purposes  of  this  act,  to  be  paid 
out  of  any  money  in  the  State  treasury  not  otherwise  appropriated, 
which  amount,  or  so  much  thereof  as  shall  be  necessary,  upon 


78  Virginia  School  Laws 

the  itemized  statement  of  the  State  Board  of  Education  duly  cer- 
tified and  filed  with  the  Auditor  of  Public  Accounts,  shall  be 
turned  over  by  the  Auditor  of  Public  Accounts,  to  the  Second  Audi- 
tor and  shall  be  placed  to  the  credit  of  the  literary  fund,  and  shall 
be  used  exclusively  for  the  support  of  public  high  schools  established 
and  maintained  in  accordance  with  the  provisions  in  this  act.; 
provided,  that  if  any  district  school  board  or  district  school  boards 
shall  appropriate  a  larger  amount  the  State  'Board  of  Education 
shall  issue  annually  a  warrant  equal  to  the  amount  appropriated 
by  said  district  school  board  or  district  school  boards,  but  said 
warrant  issued  by  said  State  Board  of  Education  shall  not  ex- 
ceed four  hundred  dollars  ($400)  for  any  one  high  school  in  any 
one  year;  provided  also,  that  the  State  Board  of  Education  shall 
have  the  power  to  fix  such  rules  and  regulations  as  are  neces- 
sary for  the  proper  distribution  of  this  fund.  (Acts  1906,  page 
350) 

95.  To  provide  for  normal  instruction  in  certain  public  high 
schools. — Whereas  trained  and  capable  teachers  are  indispensable  to 
an  efficient  system  of  public  schools;  and  whereas  there  are  now  in 
successful  operation  in  nearly  every  school  division  in  the  State 
public  high  schools  in  which  are  taught  the  higher  branches  of 
learning,  and  which  by  the  adoption  of  a  normal  school  course 
in  connection  with  the  ordinary  curriculum  provided  for  such  schools 
can  be  made  a  convenient  and  economical  means  of  providing  com- 
petent teachers  for  primary  schools  in  the  rural  districts  of  the 
State;  therefore, 

1.  The  sum  of  fifteen  thousand  dollars,   or  so  much  thereof 
as  may  be  necessary,  is  hereby  appropriated  annually  for  the  pur- 
poses of  this  act,  to  be  paid  out  of  any  money  in  the  State  treasury 
not  otherwise  appropriated;  which  amount,  upon  the  order  of  the 
Board  of  Education,  duly  certified  and  filed  with  the  Auditor  of 
Public  Accounts,  shall  be  turned  over  by  said  Auditor  to  the  Second 
Auditor  and  shall  be  placed  to  the  credit  of  the  literary  fund,  and 
shall  be  used  exclusively  for  the  pay  of  teachers  in  the  normal  de- 
partment of  such  public  high  schools  as  may  be  designated  by  the 
State  Board  of  Education  as  hereinafter  prescribed:  provided,  that 
no  school  shall  receive  under  this  act  during  any  year  a  larger  ap- 
propriation than  fifteen  hundred  dollars. 

2.  The  State  Board  of  Education  shall  issue  annually  a  war- 
rant on  the  Second  Auditor  for  such  sums  as  may  be  appropriated 


Public  Free  School  Law  79 

to  the  high  schools  designated  by  said  board  in  favor  of  the  treas- 
urer of  the  county  or  city  in  which  such  high  school  is  located, 
which  money  shall  be  placed  to  the  credit  of  the  high  school  fund 
of  the  district  in  which  such  high  school  is  located  and  paid  on 
the  warrant  of  the  district  school  board  exclusively  for  the  pay 
of  teachers  employed  in  the  normal  school  department  of  said  high 
school. 

3.  The  State  Board  of  Education  shall  designate  the  public 
high  schools  in  which  a  normal  school  department  may  be  estab- 
lished and  conducted  under  the  provisions  of  this  act,   and  shall 
prescribe    the    normal    course    which    is  to  be  adopted  and  taught 
in  said  schools  in  connection  with  the  high  school  curriculum  al- 
ready provided,  and  shall  determine  the  qualifications  of  all  teach- 
ers employed  in  such  normal  school  department.     The  chief  object 
of  such  normal  school  department  shall  be  to  instruct  teachers  in 
the   best   methods   of   organization,    teaching   and   management   of 
primary  schools  in  the  rural  districts.     The  Board  of  Education, 
in  its  discretion,  may  prescribe  that  any  pupil  receiving  the  benefit 
of  such   course   of  normal   school   training   shall   obligate  himself 
to  teach  for  not  less  than  two  years  in  the  rural  public  schools  of 
the  State. 

4.  The  said  Board  of  Education  shall  designate  not  more  than 
one  such  high  school  in  any  county;  but  the  said  board  may  in 
its  discretion  select  some  public  high  school  within  an  incorporated 
town  or  city  which  is  located  in  such  county,  provided  no  State 
normal  school  is  located  in  said  incorporated  town  or  city.      (Acts 
1908,  page  69) 

96.  To  provide  for  instruction  in  agriculture,  domestic  arts 
and  sciences,  and  manual  training  in  public  high  schools. — 1.  In 
at  least  one  public  high  school,  to  be  selected  by  the  State  Board 
of  Education  in  each  congressional  district  of  the  State,  as  the 
said  congressional  districts  were  formed  on  January  1,  1912,  a 
thorough  course  in  agriculture,  the  domestic  arts  and  sciences  and 
manual  training  shall  be  given  in  addition  to  the  academic  course 
prescribed  for  such  high  schools,  and  at  least  one-fourth  of  the  school 
time  shall  be  devoted  to  these  subjects. 

2.  Not  less  than  five  acres  of  land,  convenient  to  each  of  said 
schools,  shall  be  acquired  by  lease,  purchase  or  donation  for  the 
purpose  of  providing  practical  demonstration  in  agricultural 


80  Virginia  School  Laws 


science.     The  cultivation  of  these  lands,  as  far  as  practicable,  shall 
be  done  by  the  students  themselves. 

A  careful  account  shall  be  kept  of  the  product  of  eacli  stu- 
dent's labor,  showing  how  it  is  disposed  of  and  the  prices  received 
on  the  products  which  are  sold.  The  proceeds  of  such  sales  shall 
be  applied  or  used  under  general  regulations  adopted  by  the  dis- 
trict school  board  of  the  county  in  which  the  agricultural  school 
is  located,  which  regulations  must  be  approved  by  the  State  Board 
of  Education. 

3.  Suitable  buildings  shall  be  provided  and  properly  equipped 
for  the  purposes  of  said  schools,  including  workshops  planned  for 
practical  instruction  in  elementary  manual  training,  in  bench  work 
and  in  other  forms  of  shop  work  applicable  to  rural  life. 

4.  All   female   students    attending   the  high   schools   provided 
for  under  this  act   shall  be  instructed  in  the   domestic   arts   and 
sciences,  and  suitable  equipment  for  such  instruction  shall  be  pro- 
vided by  the  district  school  boards  out  of  the  funds  applicable  to 
the  maintenance  and  equipment  of  the  school.      Said  female  stu- 
dents may  also  take  the  agricultural  course  if  they  so  desire. 

5.  The   agricultural   high   schools    established   under   this    act 
may  be  used  as  centers  for  directing  the  demonstration  farm  work 
and    other    extension    work    throughout    the  bounds  of  the  several 
congressional   districts,    and   shall  be  conducted   under   such   rules 
and  regulations  as  the  State  Board  of  Education  and  the  presi- 
dent of  the  Virginia  College  of  Agriculture  and  Polytechnic  In- 
stitute may  prescribe.     (Acts  1912,  page  56) 

97.  To  authorize  the  boards  of  supervisors  in  the  several  coun- 
ties in  this  State  to  appropriate  money  for  the  establishment,,  equip- 
ment and  maintenance  of  agricultural  schools. — Whereas  by  an 
act  approved  on  the  fourteenth  day  of  March,  nineteen  hundred 
and  eight,  the  General  Assembly  of  Virginia  authorized  the  estab- 
lishment of  an  agricultural  school  in  each  congressional  district 
of  the  State;  therefore. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
the  board  of  supervisors  in  the  several  counties  in  this  State  be, 
and  they  are  hereby,  authorized  to  appropriate  such  sum  or  sums 
of  money  as  to  them  may  seem  proper,   in  their  discretion,   for 
the  establishment,   equipment  or  maintenance  of  such  an  institu- 
tion. 

2.  All  appropriations  heretofore  made  by  the  board  of  super- 


Public  Free  School  Law  81 

visors  of  any  county  for  the  purposes  above  mentioned  are  hereby 
ratified  and  validated.      (Acts  1910,  page  328) 

Pupils 

98.  Who  admitted  to  public  schools;  provision  for  children  of 
adjoining  districts;  separate  schools  for  white  and  colored. — The 
public  free  schools  shall  be  free  to  all  persons  between  the  ages 
of  seven  and  twenty  years  residing  within  the  school  district;  pro- 
vided, that  whenever  a  school  is  so  situated  in  one  district  that  it  is, 
with  the  approval  of  the  division  superintendent,  attended  by  chil- 
dren of  another  district,  the  board  of  the  district  other  than  that  in 
which  the  school  is  located  shall,  in  the  absence  of  agreement  or 
when  no  agreement  can  be  reached,  pay  for  each  child  to  the  dis- 
trict in  which  the  school  is  located  the  cost  of  education  per  pupil 
enrolled,  to  be  determined  by  the  division  superintendent  of  schools, 
with  right  of  appeal  by  any  person  interested,  or  either  of  the  dis- 
trict school  boards,   either  with  reference  to  the  propriety  of  the 
said  attendance  by  children  of  another  district  or  the  cost  of  edu- 
cation as  aforesaid,  within  ninety  days,  the  said  appeal  to  be  made 
in  writing  to  the  school  trustee  electoral  board  of  the  county  in 
which  the  school  is  located ;  and  the  State  Board  of  Education  shall 
have  power  and  it  shall  be  its  duty  to  make  regulations  whereby 
the  children  of  one  district  may  attend  school  in  an  adjoining  dis- 
trict, out  of  the  county  or  an  adjoining  city;  provided,  that  white 
and  colored  persons  shall  not  be  taught  in  the  same  school,  but 
shall  be  taught  in  separate  schools,  under  the  same  general  regula- 
tions  as   to  management,   usefulness   and   efficiency.      (Code,    Sec. 
1492;  Acts  1912,  page  648) 

99.  Qualifications  of  preceding  section. — The  preceding  section 
is  subject  to  the  following  qualifications: 

First.  Any  person  domiciled  in  this  State  who  is  a  resident  of 
any  school  district  of  the  State  may  send  his  children  to  any  public 
free  school  in  any  other  school  district  of  the  State  upon  such  terms 
and  conditions  as  may  be  prescribed  by  the  school  board  of  the  said 
last  mentioned  school  district,  and  any  guardian  domiciled  in  this 
State  as  aforesaid,  for  his  ward  or  wards,  shall  be  entitled  to  the 
same  privilege  for  them  if  they  are  domiciled  in  Virginia,  which  said 
terms  and  conditions  shall  be  complied  with  by  the  school  district  in 
which  said  parent  or  guardian  resides ;  provided  that  the  said  school 
district  in  which  said  parent  or  guardian  resides  shall  have  the  right 


82  Virginia  School  Laws 


of  appeal  to  the  school  trustee  electoral  board  of  the  county  in  which 
said  district  is  situated,  which  said  school  trustee  electoral  board 
shall  decide  finally  what  are  just  and  proper  terms  and  conditions  in 
each  case:  and  provided,  further,  that  children  whose  parents  or 
guardians  do  not  reside  in  a  city  shall  be  received  into  the  public 
schools  of  such  city  only  upon  such  terms  and  conditions  as  may  be 
prescribed  by  the  school  board  thereof,  subject  to  an  appeal  to  the 
State  Board  of  Education,  but  the  provisions  of  this  act  shall  not 
apply  to  indigent  children,  and  children  living  with  and  entirely 
supported  by  residents  of  said  district  shall  be  admitted  to  the 
public  free  schools  of  said  district  as  if  they  were  children  of  said 
residents. 

Second.  The  school  board  of  any  district  bordering  on  another 
State  which  grants  the  same  privilege  to  the  State  of  Virginia  may, 
in  its  discretion,  admit  into  its  schools,  free  of  tuition,  persons  of 
school  age  residing  beyond  the  limits  of  this  State,  but  near  thereto, 
if  their  parent  or  guardian  pays  taxes  in  the  said  district. 

Third.  Attendance  shall  be  upon  the  school  in  the  district  near- 
est to  the  residence  of  the  pupils,  unless  otherwise  ordered  by  the 
district  school  board,  subject  to  the  regulations  of  the  State  Board 
of  Education.  (Code,  Sec.  1493;  Acts  1912,  page  648) 

100.  Admission  of  children  six  years  of  age  under  certain  con- 
ditions.— The  public  free  schools  of  this  State  shall  be  free  to  any 
child  six  years  of  age,  provided  that  in  the  opinion  of  the  teacher 
and  the  division  superintendent  the  said  child  shall  have  reached 
such  a  stage  of  maturity  as  to  render  it  advisable  to  permit  him  to 
enter  school.     (Acts  1914,  page  141) 

101.  Who  colored;  who  Indian. — Every  person  having  one-six- 
teenth or  more  of  negro  blood  shall  be  deemed  a  colored  person,  and 
every  person  not  a  colored  person  having  one-fourth  or  more  of  In- 
dian blood  shall  be  deemed  an  Indian.     (Acts  1910,  page  581) 

102.  Admission   of  persons   between   twenty   and   twenty-five 
years  of  age;  district  board  may,  under  certain  conditions,  estab* 
lish  night  schools  and  admit  pupils  regardless  of  age. — Any  board 
of  district  school  trustees  may,  in  its  discretion,   admit  as  pupils 
into  any  of  the  public  free  schools  of  its  district  persons  between  the 
ages  of  twenty  and  twenty-five  years  on  the  prepayment  of  tuition 
fees,  under  regulations  to  be  prescribed  by  the  State  Board  of  Edu- 
cation, provided  the  admission  of  such  pupils  will  not,  in  the  opin- 
ion of  the  district  board,  impair  the  usefulness  and  efficiency  of 
such  school. 


Public  Free  School  Law  83 

And  the  board  of  district  school  trustees  in  districts  where  day 
schools  are  conducted  for  eight  or  more  months  each  year  may,  in 
its  discretion,  and  by  and  with  the  consent  of  the  State  Board  of 
Education,  and  under  rules  and  regulations  to  be  prescribed  by  said 
State  Board  of  Education,  establish  and  conduct  night  schools  to 
which  may  be  admitted  pupils  regardless  of  their  age;  but  no  such 
schools  shall  be  established  or  conducted  except  in  cases  where,  in 
the  opinion  of  the  said  State  Board  of  Education,  the  usefulness  and 
efficiency  of  the  day  schools  would  not  be  impaired  thereby. 

Inasmuch  as  the  question  has  been  raised  as  to  the  authority  of 
certain  district  school  boards  to  conduct  night  schools,  an  emergency 
is  hereby  declared  to  exist,  and  this  act  shall  be  in  force  from  its 
passage.  (Code,  Sec.  1494;  Acts  1915,  page  190) 

103.  Providing  (in  certain  cases)  for  the  compulsory  attend- 
ance of  children  between  the  ages  of  eight  and  twelve  years  upon 
the  public  schools  of  Virginia,  and  providing  penalty  for  failure, 
and  designating  the  manner  of  collecting  such  penalties. — 1.  Every 
parent,  guardian,  or  other  person  having  charge  or  control  of  any 
child  between  the  ages  of  eight  and  twelve  years  shall  be, required 
to  send  such  child  to  a  public  school  of  this  Commonwealth  for  at 
least  twelve  weeks  in  each  school  year,  at  least  six  weeks  of  which 
shall  be  consecutive,  unless  the  district  school  trustees  of  the  dis- 
trict in  which  such  parent,  guardian  or  other  person  resides  excuse 
for  cause  such  child,  or  unless  such  child  be  weak  in  body  or  mind, 
or  can  read  and  write,  or  is  attending  a  private  school,  or  lives  more 
than  two  miles  by  the  usual  traveled  route  from  the  nearest  public 
school,  or  more  than  one  mile  from  the  line  of  an  established  public 
free  school  wagon  route:  provided,  however,  that  the  provisions 
of  this  act  shall  not  apply  in  any  county,  city  or  town  of  this  Com- 
monwealth except  and  until  the  qualified  voters  of  such  county  or 
city  or  town  shall,  as  hereinafter  provided,  avail  themselves  of  the 
provisions  hereof. 

2.  The  provisions  of  this  act  may  be  made  to  apply  in  any 
county,  city,  town  or  magisterial  district  constituting  a  separate 
school  district  of  this  Commonwealth  by  submitting  the  question  of 
compulsory  education  to  the  qualified  voters  of  such  county,  city, 
or  town  at  any  general  election  to  be  held  in  said  county,  city, 
town  or  magisterial  district  composing  a  separate  school  district 
at  any  general  election  to  be  held  in  said  county,  city  or  town, 
or  at  any  special  election  held  for  the  purpose  as  hereinafter  pro- 
vided. 


84  Virginia  School  Laws 


Whenever  the  school  board  of  any  county,  city  or  town  shall, 
by  a  recorded  vote,  express  the  desire  to  submit  the  question  of  com- 
pulsory education  to  the  people  of  such  county,  city,  town  or 
magisterial  district  constituting  a  separate  school  district  at  a  gen- 
eral election,  it  shall  be  the  duty  of  the  division  superintendent  of 
such  county  or  city  to  certify  that  fact  to  the  electoral  board  of  such 
county  or  city,  who  shall,  at  least  thirty  days  before  the  next  general 
election  see  to  it  that  the  question  is  printed  upon  the  official  ballot 
of  such  election  in  type  similar  to  that  used  for  the  rest  of  the  ballot, 
and  in  the  following  form:  "For  compulsory  education,"  "Against 
compulsory  education." 

Whenever  a  majority  of  a  county,  city  or  town  school  board, 
or  a  number  of  qualified  voters  of  such  county,  city,  town  or  mag- 
isterial district  composing  a  separate  school  district  equal  in  num- 
ber to  one-third  of  the  total  number  of  votes  cast  in  said  county, 
city,  town  or  magisterial  district  composing  a  separate  school  dis- 
trict at  the  last  preceding  regular  November  election  by  a  peti- 
tion duly  signed,  shall  petition,  in  writing,  the  judge  of  the  circuit 
or  corporation  court  of  any  county  or  city  for  a  special  election 
in  such  county  or  city  on  the  question  of  compulsory  education 
therein,  such  court  or  judge  shall,  within  ten  days  after  the  re- 
ceipt of  said  petition,  issue  a  writ  of  election,  in  which  shall  be 
fixed  the  day  of  holding  such  election,  directed  to  the  sheriff  of 
his  county  or  sergeant  of  his  corporation,  as  the  case  may  be,  whose 
duty  it  shall  be  to  post  forthwith  a  notice  of  said  election  at  each 
voting  precinct  in  said  county,  city,  town  or  magisterial  district 
composing  a  separate  school  district,  as  the  case  may  be.  He 
shall  also  give  notice  to  the  officers  charged  with  the  duty  of  con- 
ducting other  elections  in  said  county,  city,  town  or  magisterial 
district  constituting  a  separate  school  district,  as  the  case  may  be; 
but  no  special  election  shall  be  held  under  this  act  within  less  than 
thirty  days  from  the  posting  of  such  notices  as  aforesaid.  Said 
special  election  shall  he  held  and  conducted  as  other  special  elections 
are  held  and  conducted.  If  it  appear  from  the  abstracts  and  re- 
turns of  said  general  or  special  election  that  a  majority  of  the  votes 
cast  in  the  county,  city,  town  or  magisterial  district  constituting  a 
separate  school  district  as  a  whole,  as  the  case  may  be,  were  for 
compulsory  education,  then,  at  the  beginning  of  the  next  school  year 
after  the  holding  of  such  election  the  provisions  of  this  act  for 
compulsory  education  shall  become  effective  in  any  county  or  city 
thus  voting  in  favor  thereof. 


Public  Free  School  Law  85 

After  any  such  general  or  special  election  has  been  held  in  any 
county  or  city  there  shall  not  be  another  election  under  this  act  held 
in  said  county  or  city  within  two  years. 

3.  The  ballots  to  be  used  in  said  special  election  shall  be  re- 
spectively as  follows:     "For  compulsory  education,"  "Against  com- 
pulsory education."     In  all  other  particulars,  except  wherein  other- 
wise provided  by  this  act,  said  election  shall  be  held,  conducted,  the 
returns  thereof  canvassed  and  certified,  or  contested,  according  to 
the  provisions  of  chapter  twenty-five  of  the  Code  of  Virginia  so  far 
as  applicable. 

Those  qualified  to  vote  in  such  special  election  shall  be  those 
who  were  qualified  to  vote  at  the  preceding  regular  November  elec- 
tion, and  such  others  as  may  have  come  of  age,  registered  and  be- 
come qualified  voters  since  said  preceding  regular  election. 

4.  In  every  county  or  city  of  this  Commonwealth  in  which  the 
provisions  of  this  act  may  be  made  to  apply  as  aforesaid  each  dis- 
trict school  board  shall,  on  the  second  Monday  in  February  and  the 
second  Monday  in   September,   or  within  fifteen   days  thereafter, 
each  year,  in  such  manner  as  the  State  Board  of  Education  may 
direct,  ascertain  the  condition  of  all  children  between  the  ages  of 
eight  and  twelve  years  who  are  not  in  attendance  upon  any  public 
school,  and  shall  report  all  violations  of  this  act  to  its  district  clerk, 
who  shall  at  once  proceed  to  prosecute  each   and  every  such  of- 
fence. 

5.  A  parent,  guardian,  or  other  person  who  fails  to  comply 
with  the  provisions  of  this  act  shall  be  liable  to  a  fine  of  not  less 
than  two  nor  more  than  ten  dollars  for  the  first  offence,  nor  less 
than  five  nor  more  than  twenty  dollars    for    each    subsequent    of- 
fence; such  fine  shall  be  collected  by  the  clerk  of  the  respective 
district  school  boards  in  the  name  of  the  Commonwealth  and  in  an 
action  before  any  court  of  competent  jurisdiction,  and  the  money 
so  collected  by  each  clerk  shall  be  paid  into  the  State  treasury  and 
be  applied  to  the  district  school  fund  of  the  district  or  districts  from 
which  the  said  fines  were  received. 

6.  The  clerk  of  the  district  school  board  in  each  district  in 
the    counties    or    cities    wherein    the  provisions    of    this  act  are 
adopted  as  aforesaid  shall  prosecute  every  offence  against  the  pro- 
visions of  this  act,  when  a  member  of  the  district  school  board, 
or  any  taxpayer  of  the  district  in  which  the  offending  party  re- 
sides files  with  him  an  affidavit  setting  forth  the  facts  constituting 
the  offence :  and  if  he  neglect  to  do  so  within  fifteen  days  after  such 


86  Virginia  School  Laws 

affidavit  is  filed  he  shall  be  liable  to  a  fine  of  not  less  than  five  nor 
more  than  ten  dollars  for  each  case  of  such  neglect,  to  be  collected 
in  the  name  of  the  Commonwealth  before  any  court  of  competent 
jurisdiction  by  any  person  feeling  aggrieved  thereby,  and  the  money 
collected  for  such  fine  shall  be  paid  into  the  State  treasury  and  ap- 
plied to  the  district  school  fund  of  the  district  in  which  such  clerk 
resides. 

7.  Two  weeks'  attendance  at  half  time  or  night  school  shall  be 
considered,  within  the  meaning  of  this  act,  equivalent  to  an  attend- 
ance of  one  week  at  a  day  school. 

8.  For  each  and  every  prosecution  under  the  provisions  of  this 
act  the  clerk  of  the  district  school  board  of  the  district  wherein  such 
prosecution  is  had  shall  receive  a  fee  of  two  dollars,  to  be  paid 
out  of  the  district  school  fund  of  said  district.      (Acts  1908,  page 
640) 

104.  Minimum  required  for  a  school. — A  minimum  number  of 
pupils,  under  regulations  to  be  prescribed  by  the  State  Board  of 
Education,  shall  be  required  in  order  to  form  a  public  free  school. 
(Code,  Sec.  1495) 

105.  Exclusion  of  persons  with   contagious  diseases,   or  who 
have  not   been  vaccinated. — Teachers  shall   require   of   the   pupils 
cleanliness  of  person  and  good  behavior  during  their  attendance  at 
school  and  on  their  way  thither  and  back  to  their  homes. 

Persons  suffering  with  contagious  diseases  shall  be  excluded 
from  the  public  free  schools  while  in  that  condition.  Every  teacher 
and  pupil  shall,  within  ten  days  after  entering  a  public  free  school,, 
furnish  a  certificate  from  a  reputable  physician  certifying  that 
such  teacher  or  pupil  has  been  successfully  vaccinated  or  is  en- 
titled to  exemption  by  reason  of  peculiar  physical  condition:  pro- 
vided, that  nothing  in  this  section  shall  preclude  a  school  board 
from  requiring  immediate  vaccination  in  case  of  an  epidemic  of 
small-pox  or  the  annual  revaccination  of  those  who  have  not  fur- 
nished certificates  of  proper  vaccination:  provided  further,  that 
the  operation  of  so  much  of  this  section  as  concerns  vaccination 
may  be  suspended  in  whole  or  in  part  by  the  school  board  of  any  city- 
city  or  county. 

Should  any  children  who  attend  the  public  free  schools  be  un- 
able to  pay  for  vaccination  they  shall  be  vaccinated  with  genuine 
vaccine  matter  at  the  cost  and  expense  of  the  town  or  county,  and 
provision  shall  be  made  therefor  by  the  council  of  the  town  or  by  the 
board  of  supervisors  of  the  county.  (Code,  Sec.  1496) 


Public  Free  Sc/iool  Law  87 

106.  Compulsory  vaccination  free  io  the  poor,  including  chil- 
dren attending  free  schools. — The  council  of  any  city  or  town  and 
the  board  of  supervisors  of  any  county,  when  in  their  judgment  oc- 
casion requires,  may  cause  persons  residing  within  the  limits  of  such 
city,  town,  or  county  to  be  vaccinated  with  genuine  vaccine  matter; 
and  the  council  of  any  city  or  town  and  the  board  of  supervisors  of 
any  county  may  enforce  obedience  to  its  ordinance  or  orders,  as  the 
case  may  be,  by  .fixing  fines  and  penalties  for  the  violation  of  said 
ordinance  or  orders.     Should  any  person,  including  children  who 
attend  the  public  schools,  be  unable  to  pay  for  vaccination  such  per- 
son shall  be  vaccinated  with  genuine  vaccine  matter  at  the  cost  and 
expense  of  the  city,  town,  or  county,  and  provision  shall  be  made 
therefor  by  the  council  of  the  city  or  town  or  by  the  board  of  super- 
visors of  the  county.     (Code,  Sec.  1Y33) 

107.  An  act  for  the  testing  of  the  sight  and  hearing  of  pupils 
in  the  public  schools. — The  State  Superintendent  of  Public  Instruc- 
tion is  hereby  directed  to  prepare  or  cause  to  be  prepared,  upon  the 
advice  and  approval  of  the  State  Board  of  Health,   suitable  test 
cards,  blanks,  record  books,  and  other  needful  appliances  to  be  used 
in  testing  the  sight  and  hearing  of  pupils  in  the -public  schools,  and 
shall  also  obtain  necessary  instructions  for  the  use  thereof ;  and  shall 
furnish  the  same  free  of  expense  to  all  the  schools  of  the  State, 
upon  request  of  the  school  board  of  any  county  or  city,   accom- 
panied with  the  statement  from  the  clerk  thereof  that  the  said  board 
had  by  resolution  adopted  the  use  of  said  test  cards,  blanks,  et  cet- 
era, and  had  directed  the  use  thereof  in  schools  under  their  charge; 
and  within  fifteen  days  after  the  beginning  of  the  term,  or  after 
receiving  the  said  test  cards,  et  cetera,  the  principal  or  teacher  in 
all    said    schools    shall    test   the    sight  and  hearing  of  all  the  pupils 
under  their  charge,  and  keep  a  record  of  such  examinations  in  ac- 
cordance with  instructions  furnished,  and  whenever  a  pupil  is  found 
to  have  any  defect  of  vision  or  hearing,  or  disease  of  the  eyes  or 
ears,  he  shall  forthwith  notify  the  parent  or  guardian,  in  writing, 
of  said  defect,  with  a  brief  statement  thereof.     Copies  of  said  re- 
ports shall  be  preserved  for  the  use  of  the  State  Superintendent  of 
Public  Instruction  as  he  may  require. 

The  State  Superintendent  of  Public  Instruction,  upon  approval 
of  the  State  Board  of  Health,  may  expend  during  the  year  nineteen 
hundred  and  eight  the  sum  of  not  greater  than  four  hundred  dollars, 
and  annually  thereafter  a  sum  of  not  greater  than  three  hundred 
dollars,  for  the  purpose  of  carrying  out  the  provisions  of  this  act. 
(Acts  1908,  page  661) 


88  Virginia  School  Laws 


County  Treasurer 
\ 

108.  Duties  of  county  treasurer  as  to  school  funds;  his  pay. — 
The  county  treasurer  shall,   in  all  cases,   collect   and  disburse  or 
invest  the  funds  placed  under  the  control  of  a  county  or  district 
school  board  and  all  moneys  coming  into  the  hands  of  said  boards 
in  accordance  with  the  direction  of  the  board  controlling  the  fund, 
and,  unless  otherwise    specially    provided,  shall    receive   such   com- 
pensation   as    the    county    school    board    may  determine:  provided 
that  the  same  shall  not  be  more  than  one    per    centum    upon    the 
amount  received.     For  the  proper  application  of  all  such  funds  he 
and  his  sureties  upon  his  official  bond  shall  be  liable.     (Code,  Sec. 
1449) 

109.  To  provide  the  commissions  that  shall  be  allowed  county 
treasurers  upon  funds  handled  by  them  that  are  raised  by  the  is- 
suance and  sale  of  county  bonds  and  of  school  district  bonds. — In 
all  cases  where  funds  are  raised  by  the  board  of  supervisors  of  the 
several  counties  in  this  State  by  the  issuance  and  sale  of  county 
bonds  and  of  school   district  bonds   that  were  not  otherwise  pro- 
vided by  statute,  the  compensation  to  be  paid  to  the  treasurer  of  the 
respective  counties  for  receiving  and  disbursing  the  fund  derived 
from  such  sale  shall  be  one-fourth  of  one  per  centum:  provided, 
however,  that  the  compensation  of  treasurers  under  this  act  shall  in 
no  case  be  less  than  fifteen  dollars  nor  more  than  two  hundred  and 
fifty  dollars.     (Acts  1908,  page  559) 

110.  County  treasurers  to  receive  and  disburse  school  moneys; 
to  collect  school  levies  and  keep  separate  accounts;  their  compen- 
sation.— All  school  moneys  to  be  disbursed  in  any  county  shall  be 
received,  kept,  and  disbursed  by  the  county  treasurer  thereof,  sub- 
ject to  similar  responsibility  as  in  case  of  other  funds  by  law  com- 
mitted to  him.     It  shall  be  his  duty  also  to  receive  and  collect  all 
taxes  levied  or  ordered  by  the  board  of  supervisors  of  his  county 
for  public  free  school  purposes  therein  at  the  same  time  and  in 
the  same  manner,  and  subject  to  the  same  provisions,  regulations, 
restrictions,  and  penalties  as  are  or  may  be  prescribed  by  law  for 
the  receipt  and  collection  of  county  levies  for  other  and  ordinary 
purposes.     He   shall  keep   the   district   funds  in   separate  accounts 
from  those  of  the  State  and  county,  but  his  books  shall  show  whence 
and  on  what  accounts  the  moneys  were  severally  derived,  and  by 
what  order,  on  what  account,  and  to  whom  the  disbursements  were 
made.     Pie  shall  make  disbursements  only  in  pursuance  of  a  war- 
rant, in  writing,  from  the  proper  authority,  in  manner  and  form 


Public  Free  School  Law  89 

as  prescribed  in  this  chapter.  For  receiving,  collecting,  and  dis- 
bursing levies  imposed  for  and  by  counties  or  school  districts,  he 
shall  be  entitled  to  the  same  compensation  allowed  him  by  law  for 
receiving,  collecting,  and  disbursing  county  levies  and  for  other  or- 
dinary purposes.  In  computing  commissions  for  collecting  and  dis- 
bursing all  sums  levied  for  county,  school,  and  district  purposes, 
the  amounts  shall  be  treated  as  one  sum,  and  shall  not  be  divided 
for  the  purpose  of  calculating  the  treasurer's  commissions.  His 
compensation  for  disbursing  moneys  apportioned  to  the  county 
from  the  State  funds  for  public  free  school  purposes  shall  be  a  com- 
mission of  not  exceeding  one  per  centum  on  the  amount  thereof,  to 
be  fixed  by  the  county  school  board.  (Code,  Sec.  1515) 

111.  When  to  receive  taxes  and  levies;  advertise  time  and 
place;  penalty  on  taxpayers  after  the  first  day  of  December;  treas- 
urer to  call  on  each  taxpayer;  when  they  may  distrain. — Each 
treasurer  shall  commence  to  receive  the  State  taxes  and  county  and 
city  levies  on  or  before  the  first  day  of  July  of  each  year,  or  as 
soon  thereafter  as  he  may  receive  copies  of  the  commissioners'  books, 
and  continue  to  receive  the  same  up  to  the  first  day  of  December 
thereafter ;  and  for  this  purpose  each  county  treasurer  shall  ad- 
vertise for  at  least  ten  days  at  the  court-house  and  at  the  voting 
places  in  the  magisterial  districts,  in  such  manner  as  may  be  nec- 
essary to  give  general  publicity  thereto,  upon  what  day  or  days  he 
will  be  -at  some  convenient  public  places  in  each  magisterial  dis- 
trict to  receive  taxes  and  levies ;  and  shall,  at  the  time  specified,  go 
to  the  places  so  designated  and  remain  there  one  day  or  more,  at  his 
discretion,  for  the  purpose  of  receiving  the  State  taxes  and  county 
levies,  and  shall  receive  the  same,  and  so  forth.  Any  person  fail- 
inir  to  pay  any  State  taxes  or  county  and  city  levies  to  the  treasurer 
by  the  first  day  of  December  shall  incur  a  penalty  thereon  of  five 
per  centum,  which  shall  be  added  to  the  amount  of  taxes  or  levies 
due  from  such  taxpayer,  which,  when  collected  by  the  treasurer,  shall 
be  accounted  for  in  his  settlements. 

It  shall  be  the  duty  of  the  treasurer,  after  the  first  day  of 
December,  to  call  upon  each  person  chargeable  with  taxes  and  levies 
who  has  not  paid  the  same  prior  to  that  time,  or  upon  the  agent, 
if  any,  of  such  person  resident  within  the  county  or  corporation, 
for  payment  thereof;  and  upon  failure  or  refusal  of  such  person  or 
.  agent  to  pay  the  same  he  shall  proceed  to  collect  them  by  distress  or 
otherwise:  provided,  that  should  it  come  to  the  knowledge  of  the 
treasurer  that  any  such  person  or  persons  owing  such  taxes  or  levies 


90  Virginia  School  Laws 

is  moving  or  contemplating  moving  from  the  county  or  corporation 
prior  to  the  first  day  of  December,  he  shall  have  power  to  collect  the 
same  by  distress  or  otherwise  at  any  time  after  such  said  bills  shall 
have  come  into  his  hands :  provided  further,  that  it  shall  not  be  nec- 
essary for  the  treasurer  of  the  county  of  Henrico  to  designate  or  go 
to  any  place  other  than  the  county  court-house  in  the  city  of  Rich- 
mond in  order  to  receive  the  taxes  and  levies  to  be  paid  to  such  treas- 
urer. (Code,  Sec.  603) 

112.  Treasurers  to  return  lists  of  uncollectible  taxes  and  de- 
linquents.— The  treasurer,  after  ascertaining  which  of  the  taxes  and 
levies  assessed  in  his  county  or  city  cannot  be  collected,  shall,  not 
later  than  the  first  day  of  July  in  each  year,  make  out  lists  of 
three  classes — to-wit :    First,  a  list  of  property  011  the  commissioner's 
land  book  improperly  placed  thereon  or  not  ascertainable,  with  the 
amount  of  taxes   and  levies  charged  on   such   property;  secondly, 
a  list  of  other  real  estate  which  is  delinquent  for  the  non-payment 
of  the  taxes  and  the  levies  thereon;  and  thirdly,  a  list  of  such  of 
the  taxes  and  levies  so  assessed  other  than  on  real  estate  as  he  is 
unable  to  collect,  except  that  in  the  counties  of  Accomac  and  North- 
ampton it  shall  be  lawful  for  the  treasurers  of  said  counties  to  make 
such  lists  at  any  time  prior  to  the  first  day  of  December  of  any  year. 
(Code,  Sec.  605) 

113.  Compensation  of  treasurers  for  receiving  and  paying  over 
revenue. — Every  treasurer  shall  be  allowed  for  his  services  in  re- 
ceiving and  paying  over  the  revenues  on  amounts  of  twenty-five 
thousand  dollars  and  less,  five  per  centum,  and  on  amounts  in  ex- 
cess   of    twenty-five    thousand    dollars,    three    and    one-half    per 
centum,  which  shall  be  the  entire  compensation  allowed  treasurers 
in  counties    and    cities    in    which  the    revenue    exceeds  twenty-five 
thousand  dollars :  provided,  that   in   counties    and   cities    in   which 
the  revenue  does  not  exceed  ten  thousand  dollars  he  shall,  in  ad- 
dition to  the  five  per  centum,  receive  four  per  centum  on  all  reve- 
nues remaining  unpaid  on  December  first   and  collected  by  him; 
and  in  counties  and  cities  in  which  the  revenue  exceeds  ten  thou- 
sand and  does  not  exceed  fifteen  thousand  dollars,  he  shall,  in  addition 
to  the  five  per  centum,  receive  three  per  centum  on  all  the  revenues 
remaining  unpaid  December  first  and  collected  by  him:  provided 
further,  that  the  commissions  of  the  city  treasurer  for  collecting 
and  paying  over  the  revenue  where  the  annual  collection  is  in  ex- 
cess of  sixty  thousand  dollars,  shall  be  at  the  rate  of  two  per  centum 
on  such  excess:  provided  fiirther,  that  where  the  revenue  exceeds 


Public  Free  School  Law  91 

fifteen  thousand  dollars  but  is  not  sufficiently  in  excess  thereof  to 
make  the  treasurer's  compensation  as  much  as  it  would  have  been 
had  such  revenue  been  less  than  fifteen  thousand  dollars,  the  treas- 
urer shall  be  entitled  to  two  per  centum  commission  on  all  revenues 
remaining  unpaid  the  first  of  December  and  collected  by  him  up  to 
fifteen  thousand  dollars.  (Code,  Sec.  613) 

114.  Their  compensation  for  receiving  and  disbursing  levies. 
The  county  treasurer  shall  be  allowed  for  his  services  in  receiv- 
ing  and   disbursing   the   county    and   school   levies,    including   all 
moneys  collected  by  order  of  the  county  authorities  for  any  pur- 
pose, the  compensation  provided  for  in  the  preceding  section,  and 
the  city  treasurer  shall  be  allowed  for  his   servit.es  in  receiving 
and  disbursing  the  city  and  school  levies  (where  he  is  collector  of 
such  levies)  the  same  rate  of  compensation  allowed  by  the  preced- 
ing section  for  receiving  and  paying  over  the  revenues,  except  on 
all  amounts  over  twenty-five  thousand  dollars,  on  which  such  city 
treasurer  shall  be  allowed  three  and  a  half  per  centum.     But  upon 
all  funds  turned  over  by  any  outgoing  county  treasurer  his  successor, 
for  receiving  and  disbursing  said  funds,  shall  have  not  more  than 
two  per  centum  commission.     (Code,  Sec.  614;  Acts  1910,  page  160) 

115.  To  construe  how  treasurers'  commissions  paid  under  sec- 
tions 613,614,  and  1515  of  the  Code. — Be  it  enacted  by  the  General 
Assembly  of  Virginia,  That  sections  six  hundred  and  thirteen,  six 
hundred  and  fourteen  and  one  thousand  five  hundred  and  fifteen 
of  the  Code  of  Virginia,  as  amended  and  re-enacted  as  set  forth  in 
the  title  of  this  act,  be  construed  as  follows : 

In  computing  commissions  of  the  treasurer  for  receiving  and 
disbursing  State  revenues  under  section  six  hundred  and  thirteen, 
such  revenues  shall  be  treated  as  a  separate  and  distinct  fund;  in 
computing  his  commissions  for  receiving  and  disbursing  the  county 
levies,  except  those  for  school  purposes,  including  all  moneys  col- 
lected by  order  of  the  county  authorities  for  any  purpose  under 
section  six  hundred  and  fourteen,  such  county  levies,  except  those 
for  school  purposes,  including  all  moneys  collected  by  order  of  the 
county  authorities  for  any  purpose,  shall  be  treated  as  a  separate 
and  distinct  fund,  and  in  computing  his  commissions  under  section 
one  thousand  five  hundred  and  fifteen  for  receiving  and  disbursing 
county  and  district  school  levies,  such  levies  shall  be  treated  as  a 
separate  and  distinct  fund.  (Acts  1912,  page  686) 

[Note.— The    foregoing    act — section    115— refers   to    sections    110,    113, 
and  114  of  school  law.] 


92  Virginia  School  Laws 


116.  Treasurer  s  accounts;  how  rendered  and  examined. — The 
county  treasurer  shall,  on  the  first  day  of  December  of  each  year, 
or  within  twenty  days  thereafter,  make  to  the  division  superinten- 
dent of  schools,  on  blanks  to  be  furnished  by  the  Superintendent 
of  Public    Instruction,  a  report    showing    the  amount  collected  on 
account  of  the  State,  county,  and  district  school  levies,  respective- 
ly, prior  to  the  first  day  of  December  of  said  year  on  which  no 
penalty  is  due,  and  also  the  balance  of  each  of  said  levies  uncol- 
lected  and  upon  which  the  penalty  of  five  per  centum  is  to  be  added, 
and  showing  the  number  and  amount  of  warrants  on  the   State, 
county,  and  district  funds  presented  for  payment  from  each  district, 
respectively,  the  number  and  amount  of  such  warrants  paid  by  the 
treasurer  and  the  balance  of  State,  county,  and  district  funds  on 
hand,  and  to  what  districts  due.     If  any  treasurer  shall  fail  to  com- 
ply with  the  provisions  of  this  section  it  shall  be  the  duty  of  the 
county  school  board  to  impose  a  fine  of  not  less  than  one  dollar 
nor  more  than  five  dollars  a  day  for  each  day  of  such  delinquency, 
the  said  fine  to  be  deducted  from  any  pay  or  percentage  of  such 
treasurer.     The  said  report  shall  be  verified  by  the  affidavit,  of  the 
treasurer. 

The  treasurer  of  every  town  constituting  a  single  school  dis- 
trict shall  perform  like  duties,  be  subject  to  like  fines  and  penal- 
ties, and  be  entitled  to  the  same  rate  of  compensation  as  the  treas- 
urer of  a  county.  (Code,  Sec.  1518) 

117.  Annual  reports  of  treasurers  and  clerks  of  district  boards 
to  county  board;  records  and  papers. — It  shall  be  the  duty  of  the 
county  treasurer  to  furnish,  for  the  use  of  the  county  school  board 
at  its  annual  meeting  in  August,  a  report  for  the  school  year  closing 
next  preceding  said  meeting,  showing  in  detail  all  transactions  per- 
taining to  the  receipt  and  disbursement  of  school  funds  for  said 
school  year,  together  with  his  books,  vouchers,  or  other  official  papers 
which  contain  accounts  or  evidences  of  receipts  or  disbursements ; 
and  likewise  it  shall  be  the  duty  of  the  clerks  of  the  district  boards 
to  lay  before  the  county  school  board,  at  the  annual  meeting,  their 
official  record  and   account  books,   contracts,   deeds,   and   all   other 
official  books  and  papers  pertaining  to  the  school  business  of  the 
year  just  closed.     Upon  examination  of  these  records,  accounts,  or 
papers,  should  there  appear  to  have  been  any  delinquency  or  irregu- 
larity in  the  acts  of  the  treasurer  or  clerk  of  the  county  or  district 
boards,  or  of  any  district  board,  or  any  member  thereof,  it  shall  be 
the  duty  of  the  county  school  board  to  cause  a  minute  of  the  facts 


1'ithUc  Free  School  La/1'  93 

to  be  made  in  its  records,  and  to  take  such  other  action  as  the  case 
may  require.  It  shall  also  be  the  duty  of  the  county  school  board 
to  cause  all*  warrants  which  have  been  presented  and  paid  by  the 
county  treasurer  at  this  settlement  to  be  cancelled  by  some  efficient 
cancelling  device,  after  which  the  said  warrants  shall  be  delivered 
to  the  division  superintendent,  who  shall  keep  the  same  on  file  at 
least  twelve  months  before  destroying  them.  (Code,  Sec.  1484) 

118.  Penalty  for  failure;  superintendents  to  report  on  delin- 
quent officers. — Should  any  county  treasurer   or   clerk   of   any  dis- 
trict school  board  fail  to  produce  and  lay  before  the  county  board 
his  books  and  papers  as  required  by  the  preceding  section,  it  shall 
be  the  duty  of  the  clerk  of  the  county  board  to  enter  upon  the 
minutes  of  that  meeting  a  fine  of  twenty-five  dollars  against  every 
such  delinquent  treasurer  or  clerk,  which  amount  shall  be  deducted 
from  the  pay  or  percentage  of  such  officer. 

It  shall  be  the  duty  of  the  division  superintendent,  before 
sending  his  annual  report  to  the  Superintendent  of  Public  Instruc- 
tion, to  examine  the  books  and  papers  of  every  such  delinquent 
officer,  and  to  make  a  special  report  thereon  in  connection  with  his 
annual  report.  The  county  board  shall  have  power  to  remit  the 
said  fine  only  on  the  presentation  of  good  and  sufficient  reasons  for 
so  doing,  and  the  resolution  remitting  said  fine  shall  not  be  effective 
unless  and  until  the  same  shall  have  been  approved  by  the  State 
Board  of  Education.  (Code,  Sec.  1485) 

119.  Unexpended  school  funds;  how  disposed  of. — All  sums 
of  money  derived  from  State  funds  wyhich  are  unexpended  in  any 
year  in  any  public  free  school  district  shall  go  into  the  general 
school  fund  of  the  State  for  redivision  next  year,  unless  the  State 
Board  of  Education  direct  otherwise;  and  all  sums  derived  from 
the  county  or  district  funds  unexpended  in  any  year  shall  remain 
a  part  of  the  county  or  district  funds,  respectively,  for  use  the  next 
year.     But  no  sums  derived  from  county  or  district  funds  shall  be 
subject  to  redivision  outside  of  the  county  or  district,  respectively. 
(Code,  Sec.  1520  or  1521) 

120.  Treasurer  not  to  deal  in  county  warrants;  remedy  for 
failure  to  pay  warrant. — No  county  treasurer  or  any  of  his  deputies 
shall,   either  directly  or   indirectly,   obtain  by  contract,   purchase, 
barter  or  exchange,  either  for  himself  or  any  other  person,  or  be- 
come the  owner,  in  whole  or  in  part,  of  any  warrant  drawn  upon 
the    county    treasury    or    payable   out    of    the    same;  and    if    any 
county  treasurer  or  deputy  shall  so  contract  for  or  purchase  any 


94  Virginia  School  Laws 

such  warrant  such  treasurer  shall  not  be  allowed  in  his  annual 
settlement  the  amount  of  said  warrant,  or  any  part  thereof,  and 
this  shall  be  in  addition  to  the  penalties  prescribed  in  section  eight 
hundred  and  sixty-six.  If  any  such  treasurer  fail  to  pay,  upon 
presentation,  any  legal  warrant,  having  in  his  hands  at  the  time 
funds  out  of  which  the  same  ought  to  be  paid,  or  fail  to  set  apart 
necessary  funds  when  the  same  shall  come  into  his  hands  for  the 
payment  thereof  in  its  order,  if  listed  under  section  eight  hundred 
and  fifty-nine,  and  to  pay  over  the  amount  due  upon  such  warrant 
as  soon  thereafter  as  the  same  may  be  again  presented,  the  holder 
thereof  may,  on  motion  in  his  own  name,  in  the  circuit  court  of 
the  treasurer's  county,  recover  from  him  and  his  sureties  the  amount 
of  such  warrant,  together  with  damages,  after  the  rate  of  ten  per 
centum  per  month  on  the  said  amount  from  the  time  such  treasurer 
should  have  paid  the  same,  and  the  costs  of  such  motion,  including 
an  attorney's  fee  of  five  dollars.  (Code,  Sec.  863) 

121.  Suits  against  treasurers. — For  every  breach  of  the  condi- 
tion of  the  bond  of  the  treasurer  of  any  county  or  city,  either  in 
failing  to  account  for  and  pay  into  the  treasury  all  taxes  due  from 
him  to  the  State,  or  to  pay  over  to  his  successor  all  moneys  required 
by  section  eight  hundred  and  sixty-two  to  be  paid  to  his  successor 
in  office  when  he  goes  out  of  office,  suit  may  be  brought  against 
such  treasurer  and  his  sureties  on  his  official  bond  in  the  first  case 
in  the  circuit  court  of  the  city  of  Richmond  for  the  use  of  the  State, 
or  in  the  second  case  in  the  circuit  court  of  his  county  or  the  circuit 
or  corporation  court  of  his  city,   at  the  relation  of  his  successor, 
for  the  use  of  the  city,  county,  district,  county  school  board  or  dis- 
trict school  board,  as  the  case  may  be,  or  the  same,  together  with 
damages  and  costs  as  prescribed  by  section  eight  hundred  and  sixty- 
three,  may  be  recovered  by  motion  in  said  courts.     A  motion  under 
this  section  shall  be  after  at  least  five  days'  notice,  and  when  on 
behalf  of  the  Commonwealth  shall  be  in  the  name  of  the  Common- 
wealth, and  in  all  other  cases  in  the  name  of  the  successor  in  office 
of  such  treasurer.     Upon  any  judgment  rendered  in  such  suit  or 
motion  a  writ  of  fieri  facias  may  issue,  which  shall  conform  in  all 
respects  to  writs  of  fieri  facias  issued  under  chapter  thirty,   and 
be  proceeded  with  in  the  same  manner.     (Code,  Sec.  865) 

122.  When  treasurer  settles  with  board  of  supervisors. — The 
treasurers  of  the  several  counties  of  this  State  shall  settle  with  the 
board  of  supervisors  and  school  boards  by  the  first  day  of  October 
of  each  year,  and  shall,  on  said  first  of  October,  exhibit  to  said 


Public  Free  School  Law  95 

judge  and  Commonwealth's  attorney  the  cash  to  balance  their  ac- 
counts, if  any  is  due,  with  the  county  levy  and  the  county  school 
fund.  If  any  treasurer  fail  to  produce  said  cash  to  balance  his 
said  account,  then  said  court  shall,  after  service  of  rule  as  pre- 
scribed by  section  three  of  this  act,  suspend  said  treasurer  and  ap- 
point some  competent  person  to  discharge  his  duties,  as  provided 
in  section  three  of  this  act.  (Code,  Sec.  786a,  sub-sec.  5) 

123.  Relief  of  any  county  or  city  treasurer  who  has  lost  the 
school  warrant  issued  to  any  county  or  city  treasurer. — Upon  the 
production  of  satisfactory  evidence  that  the  school  warrant  issued 
by  the  Auditor  of  Public  Accounts  to  any  county  or  city  treasurer 
for  any  year  has  been  lost,  and  that  the  amount  of  said  warrant 
has  been  paid  in  the  manner  prescribed  by  law  by  the  treasurer 
of  said  county  or  city,  the  Auditor  of  Public  Accounts  is  hereby 
authorized,  upon  settlement  with  said  treasurer,  to  credit  him  with 
the  amount  of  said  warrant:  provided,  that  the  Auditor  of  Public 
Accounts  shall  take  from  the  said  treasurer  a  bond  of  indemnity 
of  sufficient  penalty,  with  proper  security,  conditioned  to  save  the 
Commonwealth   harmless   by   reason   of   the   loss   of   said  warrant. 
(Code,  Sec.  773b) 

124.  Limiting  the  time  in  wliicli  warrants  drawn  by  the  super- 
visors, school  boards,  and  county  boards  shall  be  paid- — No  war- 
rant or  order  drawn  on  the  county  treasurer  of  any  county  by  the 
board  of  supervisors,   district  school  board,   or  circuit  court  shall 
be  paid  by  said  treasurer  unless  said  warrant  or  order  be  presented 
to  be  paid  and  registered  in  a  book,  to  be  kept  by  the  treasurer  for 
that  purpose,  within  two  years  from  date  of  the  drawing  of  the  said 
warrant.     (Code,  Sec.  S60a) 

125.  Ascertaining  and  publishing  a  statement  of  the  annual 
receipts  and  disbursements  of  the  counties  and  cities  of  the  Com- 
monwcalth. — The  treasu-rers  of  the  several  counties  and  of  the  several 
cities  of  the  Commonwealth  shall,  not  later  than  the  first  day  of 
September  in  each  year,  file  with  the  Auditor  of  Public  Accounts  a 
detailed  statement  showing  the  amount  of  receipts   and  disburse- 
ments of  the  county  or  city,  as  the  case  may  be,  for  the  preceding 
fiscal  year  of  the  county  or  city,  which  detailed  statement  shall  be 
certified  to  by  the  chairman  of  the  board  of  supervisors  or  the  mayor 
of  the  city,  and  also  by  the  chairman  of  the  school  board. 

The  Auditor  of  Public  Accounts,  at  the  time  of  publishing  his 
annual  report,  shall  include  in  that  report  a  table  of  the  detailed 


96  Virginia  School  Laws 

statements  required  by  this  act  to  be  filed  with  him.  (Acts  1914, 
page  484) 

126.  To  permit  city  and  county  school  boards  to  change  the 
depositaries  of  school  funds,  to  prescribe  the  methods  therefor,  and 
to  fix  the  compensation,  duties  and  responsibilities  of  such  deposi- 
taries.— First.  It  shall  be  the  duty  of  the  superintendent  of  schools 
of  any  county  or  city  of  this  Commonwealth  whose  treasurer  fails 
to  pay,  upon  presentation,  any  warrant  drawn  on  him  for  school 
purposes,  to  require  such  treasurer  to  furnish  to  the  said  superin- 
tendent, within  thirty  days  thereafter,  a  statement,  under  oath, 
of  all  moneys  in  his  hands  or  collected  by  him  for  school  purposes, 
whether  they  be  State,  county,  city,  or  district  funds,  and  the  amount 
of  each  of  said  funds  he  may  have  disbursed. 

Second.  Whenever  any  county  or  city  treasurer  refuses  or 
fails  to  furnish  the  statement  as  required  in  section  one  of  this 
act,  in  the  time  and  manner  therein  prescribed,  or  fails  to  pay,  upon 
presentation,  any  warrant  drawn  on  him  for  school  purposes,  having 
in  hand  sufficient  funds  to  pay  such  warrant,  it  shall  be  the  duty 
of  the  school  superintendent  of  such  county  or  city  to  notify  the 
school  board  thereof  of  such  failure;  and  it  shall  be  the  duty  of 
such  school  board,  and  they  are  hereby  empowered,  to  direct  that 
all  funds  held  by  the  treasurer  of  the  county  or  city  for  school  pur- 
poses, whether  they  be  State,  city,  county,  or  district  funds,  be 
transferred  and  paid  over  by  the  treasurer  of  said  county  or  city 
to  such  depositary  as  the  said  county  or  city  school  board  may 
designate.  No  commission  shall  be  allowed  said  treasurer  for  the 
disbursement  of  any  money  he  is  hereby  required  to  turn  over  to 
the  depositary. 

Third.  The  county  or  city  school  board  shall  enter  on  their 
minutes  an  order  or  resolution  directing  the  transfer  of  funds  as 
provided  by  the  second  section  of  this  act,  and  designate  the  de- 
positary to  which  said  funds  are  to  be  paid,  and  shall  cause  a  copy 
of  said  order  or  resolution  to  be  delivered  to  the  judge  of  the  county 
or  corporation  court,  the  treasurer  of  the  county  or  city,  and  the 
several  district  school  boards  of  their  county. 

Fourth.  Such  depositary  shall  reside  in  the  county  or  city 
for  which  he  is  appointed,  and  before  receiving  any  money  under 
this  act  shall  enter  into  bond,  with  good  security,  before  the  county 
or  corporation  court  of  such  county  or  city,  or  the  judge  of  such 
court  in  vacation,  in  such  penalty  as  shall  be  prescribed  by  such 


Public  Free  School  Law  97 

court  or  judge,  which  bond  shall  be  payable  to  the  Commonwealth, 
and  with  conditions  to  faithfully  account  for  and  pay  over  all 
moneys  received  by  such  depositary  by  virtue  of  his  office. 

Fifth.  Such  depositary  shall  receive  the  same  compensation 
as  is  paid  to  county  and  city  treasurers  for  disbursing  State  school 
funds,  and  be  subject  to  the  same  pains  and  penalties  as  are  now 
inflicted  by  law  on  county  or  city  treasurers,  and  be  recovered 
before  the  same  courts  and  in  the  same  manner  as  the  same  are 
recovered  of  such  treasurers.  All  laws  now  in  force,  or  hereafter 
enacted  with  reference  to  drawing  warrants  for  school  funds  on 
county  or  city  treasurers,  the  payment  of  said  warrants,  making 
settlements  with  county  or  city  school  boards,  rendering  statements, 
paying  over  funds  to  depositaries,  or  in  any  way  affecting  the  dis- 
bursement of  funds  held  by  county  or  city  treasurers  for  school 
purposes,  shall  apply  to  such  depositaries  in  like  manner  as  the 
same  apply  to  such  county  and  city  treasurers. 

Sixth.  As  soon  as  the  bond  required  of  the  depositary  under 
the  fourth  section  has  been  given,  the  city  school  board  and  the 
several  district  school  boards  shall  draw  warrants  on  such  treas- 
urer for  all  school  funds  in  his  hands,  whether  State,  city,  county 
or  district  funds,  in  favor  of  said  depositary,  and  deliver  the  same 
to  the  depositary.  The  warrants  shall  be  signed  by  the  president 
and  secretary  of  such  city  or  district  school  board  and  shall  be 
forthwith  presented  by  such  depositary  for  payment  to  the  treasurer 
of  such  city  or  county,  who  shall  pay  the  same  on  demand. 

Seventh.  If  any  treasurer  of  any  city  or  county  shall  fail  to 
pay  any  such  warrant  on  demand  as  hereinbefore  provided  the 
amount  of  such  warrant,  together  with  damages  thereon,  after  the 
rate  of  ten  per  centum  per  month  and  costs,  including  an  attor- 
ney's fee  of  five  dollars,  may  be  recovered  of  him  and  the  sureties 
on  his  official  bond  by  said  depositary  in  the  manner  and  before 
the  courts  mentioned  in  sections  eight  hundred  and  sixty-three  and 
eight  hundred  and  sixty-five  of  the  Code,  or  either  of  said  sections. 
And  it  shall  be  the  duty  of  such  depositary  to  take  such  proceed- 
ings to  recover  the  amount  of  such  warrants.  (Code,  Sec.  1506a) 

School  Funds 

127.  Appropriation  of  glebe  lands  and  church  property. — The 
glebe  lands  and  church  property,  or  the  proceeds  thereof  held  by 
the  overseers  of  anv  county  under  the  act  of  the  twelfth  of  Jan- 


98  Virginia  School  Laws 

uary,  eighteen  hundred  and  two,  or  under  any  other  act,  which 
may  not  have  been  applied  to  some  particular  object  under  a  local 
statute  passed  for  the  purpose,  shall  be  appropriated  to  such  ob- 
ject or  objects  (other  than  for  a  religious  purpose)  as  may  be  voted 
for  in  such  county  (at  such  time  and  place  as  the  county  court  may 
prescribe)  by  a  majority  of  the  persons  entitled  to  vote  in  the  county 
for  a  delegate  therefrom  to  the  General  Assembly,  and  if  no  such 
object  be  so  voted  for,  shall  remain  vested  in  the  said  overseers  and 
be  appropriated  by  them  for  the  benefit  of  the  poor  of  such  county. 
(Code,  Sec.  1396) 

128.  Glebe  lands  and  church  property;  in  whom  vested  and 
how  applied. — All  glebe  lands   and  church   property,   or   the   pro- 
ceeds thereof,  which  may  be  appropriated  under  section  thirteen 
hundred  and  ninety-six,  for  education  in  any  county,  corporation, 
or  school  district,  shall  be  vested  in  the  school  board  of  the  county 
or  corporation,  and  when  given  to  a  school  district  shall  be  vested 
in  the  trustees  of  said  school  district  as  a  corporate  body,  and  shall 
be  managed  and  applied  by  the  said  school  trustees  of  such  dis- 
tricts according  to  the  wishes  of  the  donor,  under  regulations  pre- 
scribed by  the  county  or  corporation  school  board.      The  revenue 
or  income  thereof  shall  be  applied,  subject  to  the  same  penalties 
and  under  the  same  regulations  as  are  prescribed  in  respect  to  that 
portion  of  the  literary  fund  which  is  allotted  to  such  county,  cor- 
poration, or  school  district.     (Code,  Sec.  1419) 

129.  Validity  of  gifts,  devises,  et  cetera,  for  purposes  of  edu- 
cation.— Every  gift,  grant,  devise  or  bequest  which,  since  the  second 
day  of  April,  in  the  year  one  thousand  eight  hundred  and  thirty- 
nine,  has  been,  or  at  any  time  hereafter  shall  be,  made  for  literary 
purposes,  or  for  the  education  of  white  persons  within  this  State, 
and  every  gift,  grant,  devise,  or  bequest  which,  since  the  tenth  of 
April,  in  the  year  one  thousand  eight  hundred  and  sixty-five  has 
been,  or  at  any  time  hereafter  shall  be,  made  for  literary  purposes, 
or  for  the  education  of  colored  persons  within  this  State,  and  every 
gift,  grant,  devise  or  bequest  hereafter  made  for  charitable  purposes, 
whether  made  in  any  case  to  a  body  corporate  or,  unincorporated,  or 
to  a  natural  person,  shall  be  as  valid  as  if  made  to  or  for  the  benefit 
of  a  certain  natural  person,  except  such  devises  or  bequests,  if  any, 
as  have  failed  or  become  void  by  virtue  of  the  seventh  section  of  the 
act  of  assembly  passed  on  the  said  second  of  April,  eighteen  hun- 
dred  and  thirty-nine,   entitled   an  act  concerning  devises  made  to 


Public  Free  School  Law  99 

schools,  academies,  and  colleges.  Nothing  in  this  section  shall  be 
so  construed  as  to  give  validity  to  any  devise  or  bequest  to  or  for 
the  use  of  any  unincorporated  theological  seminary.  (Code,  Sec. 
1420;  Acts  1914,  page  414) 

130.  Fines,,  and  so  forth,  sJiall  be  paid  into  treasury  to  credit 
of  Ulcrary  fund. — The  proceeds  of  all  fines  collected  for  offences 
committed  against  the  State  and  directed  by  section  seven  of  article 
eight  of  the  Constitution  of  Virginia  to  be  set  apart  as  a  part  of 
a  perpetual  and  permanent  literary  fund,  shall  be  paid  and  collected 
only  in  lawful  money  of  the  United  States,  and  shall  be  paid  into 
the  treasury  to  the  credit  of  the  literary  fund,  and  shall  be  used 
for  no  other  purpose  whatsoever.     (Code,  Sec.  743a) 

131.  The  literary  fund. — There  shall  be  set  apart  as  a  per- 
manent and  perpetual  literary  fund  the  present  literary  funds  of 
the  State,  the  proceeds  of  all  public  lands  donated  by  Congress  for 
public  school  purposes,  of  all  escheated  property,  of  all  waste  and 
imappropriated  lands,  of  all  property  accruing  to  the  State  by  for- 
feiture, and  all  fines  (except  where  it  is  otherwise  expressly  pro- 
vided) collected  for  offences  committed  against  the  State,  donations 
made  for  the  purpose,  and  such  other  sums  as  the  General  Assem- 
bly may  appropriate.     The  same  shall  be  known  as  "the  literary 
fund,"  and  shall  be  invested  and  managed  by  the  State  Board  of 
Education  as  prescribed  by  the  eleventh  subdivision  of  section  four- 
teen   hundred    and    thirty-three    of    this    chapter  [section    7,    sub- 
section 11  of  School  Law].     The  principal  of  the  said  fund  shall 
always  remain  unimpaired  and  entire,  and  the  annual  income  arising 
therefrom  shall  be,  and  is  hereby,  dedicated  exclusively  to  the  sup- 
port and  maintenance  of  public  free  schools  in  this  State.     It  shall 
be  the  duty  of  the  Auditor  of  Public  Accounts  annually  to  pay  over, 
in  money,  according  to  the  usual  forms  and  general  provisions  of 
law,  all  that  portion  of  the  annual  revenue  of  the  State  which  is 
set  apart  for  public  free  school  purposes. 

The  proceeds  of  all  fines  collected  for  offences  committed 
against  the  State  and  directed  by  section  one  hundred  and  thirty- 
four  of  article  nine  of  the  Constitution  of  Virginia  to  be  set  apart 
as  a  part  of  a  perpetual  and  permanent  literary  fund  shall  be  paid 
and  collected  only  in  lawful  money  of  the  United  States,  and  shall 
be  paid  into  the  treasury  to  the  credit  of  the  literary  fund,  and 
shall  be  used  for  no  other  purpose  whatsoever.  (Code,  Sec.  1505) 

132.  Approximate  apportionment  and  disbursement  of  State 


100  Virginia  School  Laws 

funds- — The  Auditor  of  Public  Accounts,  on  or  before  the  first  day 
of  November  of  each  year,  shall  make  a  calculation  of  the  gross 
amount  of  all  funds  applicable  to  public  free  school  purposes  for  the 
ensuing  year,  which  calculation  shall  be  based  upon  the  State  taxes 
assessed  for  school  purposes  upon  persons,  real  estate  and  tangible 
personal  property  and  the  property  of  public  service  corporations 
other  than  the  rolling  stock  of  corporations  operating  railroads  by 
steam;  and  the  Auditor  of  Public  Accounts  shall  include  in  said 
calculation  ten  cents  on  every  one  hundred  dollars  of  the  assessed 
value  of  the  rolling  stock  of  corporations  operating  railroads  by 
steam  and  a  like  amount  on  every  one  hundred  dollars  of  the  as- 
sessed value  of  the  intangible  personal  property,  and  so  far  as  said 
calculation  shall  be  based  upon  the  land  and  property  books  of  the 
several  commissioners  of  the  revenue  for  said  year  he  shall  base  his 
calculations  upon  the  commissioners'  books  of  the  next  preceding 
year  when  said  books  have  not  been  received  in  time.  From  the 
aggregate  thus  ascertained  the  Auditor  shall  deduct  as  an  allowance 
for  delinquents  ten  per  cent  of  the  State  tax  for  public  free  school 
purposes  upon  persons  and  real  estate  and  upon  tangible  and  in- 
tangible personal  property,  and  shall  report  to  the  Superintendent 
of  Public  Instruction  not  later  than  the  first  day  in  November  of 
each  year  the  net  amount  of  all  funds  found  to  be  applicable  to  public 
free  school  purposes  for  the  current  year  after  making  the  deduc- 
tions herein  provided  for  as 'an  approximate  basis  for  distribution; 
whereupon,  under  the  direction  of  the  State  Board  of  Education, 
there  shall  be  furnished  to  the  Auditor  a  distributive  statement  of 
the  amounts  due  the  several  counties  and  cities  in  the  State  upon 
this  approximate  basis. 

Upon  receipt  of  such  statement  the  Auditor  shall  issue  his  war- 
rant upon  the  Treasurer  of  the  State  for  one-half  of  the  amount  each 
city  or  county  is  entitled  to  receive,  payable  to  the  treasurer  of  such 
city  or  county;  and  on  the  first  day  of  February  following,  the  Au- 
ditor shall  issue  his  warrant  upon  the  Treasurer  of  the  State  for  the 
other  half  of  the  amount  each  city  or  county  is  entitled  to  receive, 
payable  to  the  treasurer  of  such  city  or  county.  (Code,  Sec.  150T; 
Acts  1915,  page  137) 

133.  Treasurer  to  pay  ivarrants. — All  warrants  drawn  by  dis- 
trict school  boards  upon  the  State  school  tax  fund  shall  be  paid  by 
the  county  or  city  treasurer  out  of  any  State  funds  received  by  him 
from  the  Auditor  of  Public  Accounts  or  the  Second  Auditor.  But 


Public  Free  School  Law  101 

in  no  case  shall  he  pay  out  a  greater  sum  for  any  district  than  the 
amount  of  State  school  funds  apportioned  to  said  district.  (Code, 
Sec.  1509) 

134.  County    boards    to    compare    warrants.—- At  J'tne  *  annual 
meeting  in  August  in  each  year  the  county  school  boards  ^haliCdpi- 
pare  the  warrants  issued  by  each  district  board  with  those  paid  by 
the  treasurer,  and,  through  the  division  superintendent  of  schools, 
report  the  result  to  the   Superintendent    of    Public    Instruction. 
(Code,  Sec.  1510) 

135.  Distribution  of  residue  of  State  funds. — Should  there  be 
found,  upon  the  collection  of  the  taxes,   an  amount  greater  than 
the  approximate  amount  hereinbefore  provided  due  to  the  public 
free  schools  of  the  State  for  any  one  year,  then  the  excess  due  the 
schools  shall  be  distributed  as  provided  by  section  fifteen  hundred 
and  seven  [section  132  of  school  law],  and  nothing  in  the  school  law 
shall  be  construed  to  interfere  with  the  same.     (Code,  Sec.  1512) 

136.  Of  what  school  funds  Do  consist. — The  funds  applicable 
annually  to  the  establishment,  support,  and  maintenance  of  public 
free  schools  in  this  State  shall  consist  of — 

First,  State  funds,  embracing  the  annual  interest  on  the  lit- 
erary fund;  all  appropriations  made  by  the  General  Assembly  for 
public  free  school  purposes;  that  portion  of  the  capitation  tax  pro- 
vided for  in  the  Constitution  to  be  paid  into  the  State  treasury  and 
not  returnable  to  the  counties,  and  such  tax  on  property,  not  less 
than  one  mill  nor  more  than  five  mills  on  the  dollar,  as  the  General 
Assembly  shall  from  time  to  time  order  to  be  levied.  These  funds 
shall  be  applied  exclusively  to  the  maintenance  of  primary  and 
grammar  schools. 

Second.  County  funds,  embracing  such  tax  as  shall  be  levied 
by  the  board  of  supervisors  in  pursuance  of  this  section,  and  dona- 
tions, or  the  income  arising  therefrom,  or  any  other  funds  that 
may  be  set  apart  for  district  [county]  school  purposes. 

Third.  District  funds,  embracing  such  tax  as  shall  be  levied 
by  the  board  of  supervisors  of  the  county  for  the  purposes  of  the 
school  district  in  pursuance  of  this  section ;  such  dog  tax  as  shall 
be  applied  to  school  purposes  by  the  board  of  supervisors,  and  dona- 
tions, or  the  income  arising  therefrom,  or  any  other  funds  that  may 
be  set  apart  for  district  school  purposes. 

The  board  of  supervisors  of  each  county,  at  the  regular  meet- 
ing in  April  of  each  year,  or  as  soon  thereafter  as  practicable,  or 


102  Virginia  School  Laws 


when  the  division  superintendent  of  schools  shall  file  with  the  said 
board  the  estimates  made  by  the  county  and  district  school  boards 
in  accordance -\v;ith  section  fourteen  hundred  and  sixty-six  of  this 
chapter  [section  49  of  school  law],  shall  levy  a  tax  of  not  less  than 
ten,  nor  raora  tib.an  forty  cents  on  the  hundred  dollars  of  the  assessed 
value  of  the  real  and  personal  property  in  the  county  for  the  sup- 
port of  the  public  free  schools  of  the  county,  and  a  tax  of  not  less 
than  fifteen  nor  more  than  thirty-five  cents  on  the  hundred  dollars 
of  the  assessed  value  of  the  real  and  personal  property  in  any  school 
district  for  district  school  purposes :  provided,  that  should  the  board 
of  supervisors  fail  to  make  a  levy  sufficient  to  raise  the  amounts  esti- 
mated by  the  county  school  board  as  necessary  for  county  and  dis- 
trict school  purposes,  respectively,  it  shall,  upon  a  petition  in  writing 
from  the  county  school  board  praying  for  a  reference  of  the  question 
of  such  increase  in  the  levy  as  will  make  it  sufficient  to  raise  the  said 
estimated  amounts  to  the  qualified  voters  of  the  county  or  of  the 
district,  as  the  case  may  be,  submit  the  question  and  the  amount 
of  the  increase  to  the  qualified  voters  of  the  said  county  for  the 
increase  in  the  county  levy,  or  to  the  qualified  voters  of  the  said 
district  as  to  the  increase  in  the  district  levy:  provided,  however, 
that  the  total  levy  for  county  and  district  school  purposes  shall 
not  exceed  fifty  cents  on  the  hundred  dollars  of  the  assessed  value 
of  the  taxable  property  in  both  the  county  and  the  district:  pro- 
vided further,  that  no  such  increased  levy  shall  be  made  unless 
a  majority  of  the  qualified  voters  voting  at  the  election  shall  vote 
in  the  affirmative.  In  towns  that  constitute  single  school  districts 
the  council  instead  of  the  board  of  supervisors  may  make  the  levy 
for  district  school  purposes. 

Boards  of  supervisors  may  be  permitted  to  make  a  less  rate  of 
levy  than  the  minimum  rates  of  county  or  district  school  levies 
named  above  in  any  case  by  a  special  order  of  the  State  Board  of 
Education  if  in  the  judgment  of  said  board  the  said  less  rate  of 
levy  will  produce  sufficient  funds  to  provide  adequate  school  facili- 
ties in  the  county  or  district  concerned.  (Code,  Sec.  1506;  Acts 
1914,  page  474) 

137.  Requiring  the  several  county  and  district  school  boards 
of  Virginia  to  make  and  publish  annually  a  statement  of  receipts 
and  disbursements,  and  providing  a  penalty  for  failing  to  do  so.— 
The  several  county  school  boards  in  Virginia  are  required  to  cause 
to  be  made  out  immediately  after  the  annual  settlement  with  the 


Public  Free  School  Law  103 

county  treasurer  a  statement  showing  the  receipts  and  disbursements 
of  the  school  funds  in  each  district  for  the  year  then  ending,  which 
said  statement  shall  be  published  in  some  .newspaper,  if  one  is  pub- 
lished in  the  county,  and  printed  as  a  hand-bill,  shall  be  posted  at 
the  front  door  of  the  county  court-house  and  at  the  voting  place  of 
the  clerk  of  each  school  district.  Said  statement  shall  be  made  out 
in  the  following  form  for  each  district: 

Name  of  district. 


RECEIPTS 

Total  balances  on  hand  from  preceding  year, 
Amount  received  from  State  school  funds, 
Amount  received  from  the  county  school  levy, 
Amount  received  from  the  district  school  levy, 
Amount  received  from  all  other  sources,  stat- 
ing sources, 

Total  receipts  and  balances, 

DISBURSEMENTS 


Amount  paid  school  trustees $ 

Amount  paid  county  treasurer $ 

Amount  paid  teachers  (number  of  teachers),  $ 


Also  a  statement  of  any  other  expenditures  not  covered  in 
either  of  the  above  items,  which  said  statement  shall  be  itemized 
in  the  following  form : 


Amount  spent  for  school-houses 

Amount  spent  for  furniture  for  school-houses, 
Amount  spent  for  other  incidental  expenses .  . 


Total  balances  on  hand 

Total  disbursements  and  balances 


It  shall  be  the  duty  of  the  division  superintendent  of  schools 
to  see  that  the  said  statement  is  published  and  posted  at  the  court- 


104  Virginia  School  Laivs 


house  as  aforesaid.  It  shall  be  the  duty  of  the  clerk  of  each  dis- 
trict board  to  post  said  statement  at  his  voting  precinct. 

The  judge  of  the  circuit  court,  at  the  session  of  his  court  next 
succeeding  the  annual  settlement  of  the  county  and  district  school 
boards  with  the  county  treasurer,  shall,  in  his  discretion,  instruct 
the  grand  jury  to  ascertain  whether  or  not  the  county  school  board 
and  the  division  superintendent  and  district  clerks  have  published 
and  posted  the  statements  herein  required,  and  if  the  grand  jury 
shall  discover  that  said  statements  have  not  been  made  or  have 
not  been  published  and  posted  as  required  by  law,  then  indict- 
ments shall  be  found  against  each  of  the  officers  or  trustees  who 
have  been  delinquent  in  the  performance  of  their  duties  as  afore- 
said, who  shall  be  deemed  guilty  of  a  misdemeanor  and,  upon  con- 
viction, shall  be  fined  not  less  than  one  dollar  nor  more  than  one 
hundred  dollars.  (Acts  1908,  page  555) 

138.  Boards  of  supervisors  to  fix  and  order  county  and  school 
levies. — The  board  of  supervisors  of  each  county  shall  have  power, 
and  it  shall  be  their  duty,  on  July  first,  nineteen  hundred  and  fifteen, 
or  as  soon  thereafter  as  practicable,  and  annually  thereafter  at  its 
regular  meeting  in  the  month  of  April,  or  as  soon  thereafter  as 
practicable — 

First.  To  fix  and  order  county  levies.  To  fix  the  amount  of  the 
county  levies  for  the  current  year ;  to  order  the  levy  on  all  property 
assessed  with  tax  within  the  county  and  on  the  capital  invested,  used 
or  employed  in  mercantile  business ;  moneys  and  credits  actively  used 
and  employed  in  carrying  on  the  mercantile  business,  including 
goods,  wares  and  merchandise  on  hand,  and  all  solvent  bonds,  de- 
mands or  claims  made  or  contracted  in  the  course  of  business  during 
the  preceding  year  shall  be  held  to  be  capital  in  said  mercantile 
business;  to  order  the  levy  on  the  real  estate  and  tangible  and  in- 
tangible personal  property  of  public  service  corporations  based  upon 
the  assessment  fixed  by  the  State  corporation  commission,  and  cer- 
tified by  it  to  the  board  of  supervisors,  both  with  respect  to  location 
and  valuation ;  also  to  order  the  levy  on  all  real  estate,  situated  in 

«/ 

their  respective  counties,  belonging  to  any  city,  town  or  other  mu- 
nicipality, situated  outside  of  said  county,  which  may  have  been 
relieved  from  taxation  for  State  purposes,  this  act  to  apply  to  such 
real  estate  as  may  heretofore  have  been,  or  may  hereafter  be,  pur- 
chased for  the  purpose  of  securing  a  water  supply  for  said  city, 
town  or  municipality,  which  water  is  a  source  of  revenue  to  such 


Public  Free  Scliool  Law  105 

city,  town  or  municipality,  or  purchased  for  the  purpose  of  pro- 
tecting the  watershed  of  any  stream  or  streams,  the  water  of  which 
may  be  used  for  said  purpose;  and  when  such  real  estate  has  been 
relieved  of  assessment  for  State  taxes  and  does  not  show  an  assess- 
ment on  the  land  books  of  said  county  for  that  or  the  preceding  year, 
then  such  board  of  supervisors  shall  direct  the  commissioner  of  the 
revenue  for  the  revenue  district  in  which  the  real  estate  in  question 
is  situated,  to  assess  the  same  for  taxation  in  accordance  with  the 
provisions  of  section  five  hundred  and  eight  of  the  Code,  omitted 
taxes,  how  assessed,  and  hereafter  the  assessors  appointed  under  the 
provisions  of  section  four  hundred  and  thirty-seven  of  the  Code  for 
the  purpose  of  assessing  lands  and  lots  shall  regularly  assess  such 
real  estate  for  taxation  for  county  purposes  in  accordance  with  the 
rule  enacted  for  determining  the  valuation  of  real  property  assessed 
for  State  taxation. 

Second.  To  levy  school  taxes.  To  levy  a  tax  upon  all  the  proper- 
ty in  the  county,  upon  which  county  levies  are  laid,  sufficient  to  raise 
the  amount  recommended  by  the  county  school  board  in  the.ir  esti- 
mates for  county  school  purposes,  or  so  much  thereof  as  it  may  allow ; 
and  to  levy  a  tax  upon  such  property,  in  each  school  district,  suffi- 
cient to  rlaise  the  amount  recommended  by  the  county  school  board 
for  district  school  purposes,  or  so  much  thereof  as  it  may  allow; 
but  the  tax  so  levied  shall  not  be  less  than  the  minimum  nor  exceed 
the  maximum  prescribed  in  the  third  subdivision  of  section  fifteen 
hundred  and  six.  (Code,  Sec.  833a;  Acts  1915,  page  147) 

139.  To  authorize  and  require  the  board  of  supervisors  to  levy 
a  sufficient  tax  in  addition  to  the  levy  authorized  by  law  to  be  laid 
for  general  district  school  purposes  to  pay  the  interest  on  and  prin- 
cipal of  certain  bonds  as  the  same  shall  become  due. — The  board 
of  supervisors  of  any  county  wherein  the  board  of  school  trustees 
in  any  school  district  of  such  county  has,  prior  to  the  passage  of 
this  act,  issued  bonds  under  any  special  act  of  the  General  Assem- 
bly, be,  and  is  hereby,  authorized  and  required  to  levy  annually  a 
sufficient  tax  on  the  property  in  such  school  district,  in  addition 
to  the  annual  levy  authorized  by  law  to  be  laid  for  general  district 
school  purposes,  to  pay  the  interest  on  and  principal  of  such  bonds 
as  the  same  shall  annually  accrue  or  mature;  provided,  however, 
that  such  annual  levy  shall  not  exceed  the  rate  of  twenty-five  cents 
on  the  one  hundred  dollars  of  the  assessed  value  of  such  property. 
(Code,  Sec.  834a) 


106  Virginia  School  Laws 

140.  Assessment  of  school  taxes;  district  taxes  to  be  kept  sep- 
arate; duty  of  Auditor  as  to  land  and  property  books. — All  taxes 
imposed  for  public  free  school  purposes,  whether  by  the  State  or 
by  or  for  any  county,  or  by  or  for  any  school  district,  shall  be  as- 
sessed at  the  same  time  and  in  the  same  manner  as  are  State  and 
county  taxes  for  ordinary  purposes;  and  in  any  county  or  district 
where  such  tax  has  been  levied  by  the  board  of  supervisors  of  the 
county  it  shall  be  the  duty  of  the  commissioners  of  the  revenue 
therein  to  extend  such  tax  in  the  copies  of  their  land  and  property 
books  which  they  return  to  the  treasury  of  the  county.     Where  two 
or  more  school  districts  are  included  in  the  same  commissioner's 
district  it  shall  be  his  duty,  when  he  extends  the  school  tax  in  his 
land  and  property  books,  to  keep  separate  the  tax  for  each  school 
district,   indicating  by  name  or  number   the   district  wherein   the 
property  is  taxed.     It  shall  be  the  duty  of  the  Auditor  of  Public 
Accounts  to  have  the  land  and  property  books  prepared  with  three 
columns,  one  for  entering  the  county  school  levies,  one  for  entering 
the  district  school  levies,  and  the  third  for  entering  the  name  or 
number  of  the  school  district  wherein  the  property  is  taxed.     The 
said  land  and  property  books  shall  be  so  ruled  as  to  provide  for  the 
proper  assessing  of  all  local  school  taxes,  including  those* on  prop- 
erty, et  cetera,  not  assessed  with  State  taxes.      (Code,  Sec.   1514; 
Acts  1908,  page  553) 

141.  Commissioner  of  revenue  to  extend  levies  and  taxes;  comr 
pensation   therefor. — The   commissioner   shall   extend   in   his   land 
book  and  book  of  personal  property  the  total  of  the  county  and 
district  levies,  or  city  levies,  as  the  case  may  be,  including  the  road 
and  school  levies,  so  as  to  show  the  aggregate  amount  of  all  such 
levies  assessed  against  each  person  assessed  with  State  taxes  on  said 
books.     The  commissioner  of  the  revenue  shall  recapitulate  the  levies 
in  such  form  as  the  Auditor  shall  prescribe ;  and  for  this  additional 
service  he  shall  receive  such  compensation  as  the  board  of  super- 
visors, or  council,  as  the  case  may  be,  may  deem  reasonable ;  provided, 
however,  that  the  compensation  to  be  allowed  commissioners  of  the 
revenue  in  Botetourt  county  for  this  additional  service  shall  not 
be  less  than  two  hundred  and  fifty  dollars  to  each  commissioner. 
(Code,  Sec.  509;  Acts  1912,  page  212) 

142.  License  tati,  on  dogs  for  protection  of  sheep  and  other 
stock;  balance  on  hand   to    be    devoted    each  year  to  county  school 
funds  or  public  roads. — First.  It  shall  be  the  duty  of  the  commis- 


Public  Free  School  Law  107 

sioiiers  of  the  revenue  in  the  counties  of  this  State  to  take  annually, 
at  the  time  of  listing  the  taxable  property  therein,  a  list  of  all  dogs 
over  three  months  old,  showing  whether  male  or  female,  with  the 
name  of  the  owner  or  person  in  whose  possession  the  same  is  found, 
upon  the  oath  or  affirmation  of  the  owner  or  housekeeper  or  head  of 
the  family  with  whom  or  on  lot  or  premises  occupied  by  him,  any 
dog  or  dogs  may  be  found,  as  to  the  number  of  dogs  such  person  may 
own  or  hare,  or  as  may  be  on  the  lot  or  premises  occupied  by  him, 
whether  owned  by  him  (or  her)  or  not;  and  should  the  commissioner 
fail  or  omit  to  list  a  dog,  it  shall  be  his  duty  to  make  a  note  of  it  on 
his  books  for  the  next  fiscal  year,  and  the  owner  of  said  dog  shall 
be  chargeable  with  said  tax  in  addition  to  any  tax  he  shall  then 
owe,  and  shall  return  such  lists  of  dogs  to  the  clerk's  office  of  their 
respective  counties  at  the  time  when  they  return  their  lists  of 
taxable  property.  In  addition  to  the  fines  and  penalties  and  for- 
feitures as  are  now  incurred  by  them  for  neglect  of  similar  duties, 
under  existing  law,  the  •commissioner  shall  be  liable  to  a  fine  or 
forfeiture  of  fifty  cents  for  every  wilful  or  negligent  failure  to 
list  any  dog.  The  fees  for  the  commissioner  of  the  revenue  shall 
be  five  cents  or  each  dog  listed  by  him,  to  be  paid  out  of  the  funds 
derived  from  the  license  tax  011  dogs  upon  the  order  of  the  board 
of  supervisors. 

Second.  That  in  erery  case  where  the  owner  of  the  dog  fails 
to  pay,  by  the  first  day  of  July  next  succeeding  the  return  of  said 
lists  the  license  tax  provided  for  in  the  third  section  of  this  act, 
it  shall  be  the  duty  of  the  constable  of  the  district  in  which  said 
delinquent  resides,  or,  if  there  be  no  constable  serving  in  said  dis- 
trict, then  it  shall  be  the  duty  of  the  sheriff,  or  a  deputy  sheriff  of 
the  county  in  which  the  delinquent  resides,  to  kill  said  dog,  for 
which  he  shall  receive  a  fee  of  fifty  cents  out  of  the  funds  herein- 
after provided,  and  to  that  end  the  said  constable,  sheriff,  or  deputy 
sheriff  shall  obtain  annually,  during  the  month  of  July,  from  the 
county  treasurer,  a  list  of  all  delinquents  under  this  act  in  his  dis- 
trict, and  shall  within  thirty  days  after  receiving  such  list  kill, 
said  dogs,  unless  the  tax  on  them,  together  with  a  fee  of  twenty- 
five  cents  to  said  constable,  sheriff,  or  deputy  sheriff,  is  forthwith 
paid,  and  on  his  wilful  or  negligent  failure  to  do  so,  when  practicable, 
he  shall  pay  a  fine  of  five  dollars  for  each  dog  he  so  fails  to  kill. 
The  constable,  or  sheriff,  or  deputy  sheriff,  shall  at  the  expiration 


108  Virginia  School  Laws 

of  the  thirty  days  account  to  the  treasurer  of  his  county  for  all 
taxes  collected  by  him  under  this  section. 

Third.  That  when  said  commissioners  of  the  revenue  shall  have 
ascertained  the  number  of  dogs,  they  shall  assess  a  license  tax  of 
fifty  cents  per  head  on  all  male  dogs  and  all  spayed  female  dogs, 
and  one  dollar  per  head  on  all  unspayed  female  dogs,  and  the  said 
sums  so  assessed  shall  be  collected  and  accounted  for  by  the  county 
treasurer  as  county  levies  are  by  law  directed  to  be  collected  and 
accounted  for,  and  the  treasurer  shall  keep  a  separate  account  of 
the  fund  arising  from  said  tax.  The  said  fund  shall  be,  and  the 
same  is  hereby,  appropriated  for  renumerating  the  inhabitants  of 
said  counties  for  any  loss  they  may  sustain  from  dogs  killing  or 
crippling  their  sheep,  lambs,  'or  any  other  stock,  and  for  paying 
for  the  expenses  necessary  to  carry  this  act  into  effect;  and  any 
balance  remaining  on  hand  for  any  year  shall  be  appropriated  to 
the  county  school  fund  of  public  schools,  or  to  the  public  road  fund, 
as  the  board  of  supervisors  may  determine,  to  be  used  in  accordance 
with  the  laws  governing  the  disposition  of  such  funds. 

•K-fc-X--X-##*#-*#*-£ 

Twelfth.  Provided,  however,  the  provisions  of  this  act  shall 
not  apply  to  any  incorporated  city  or  town  of  this  State  now  or 
hereafter  having  a  municipal  dog  tax  law,  or  to  any  county  having 
a  special  dog  tax  law:  provided  further,  tfiat  the  repeal  of  any 
special  dog  tax  law  of  any  county  or  town  in  this  State  now  hav- 
ing such  special  law  shall  operate  to  place  such  county  or  town  un- 
der the  provisions  of  this  act,  with  power. in  the  board  of  supervi- 
sors of  such  county  to  adjust  claims  against  said  county  or  town 
under  the  said  special  law  out  of  the  funds  derived  from  the  opera- 
tions of  this  act;  and  the  boards  of  supervisors  of  the  counties, 
and  the  councils  of  the  town  where  there  is  a  special  law  imposing 
taxes  on  dogs,  may,  by  a  vote  of  a  majority  of  the  members  elected 
thereto,  repeal  and  set  aside  such  special  law,  and  when  so  repealed 
and  set  aside  the  provisions  of  this  act  shall  apply  to  such  counties 
and  towns.  (Code,  Sec.  50 la) 

143.  Taxation  of  shares  of  stock  issued  by  banks  located  in 
counties  and  cities. — First.  Hereafter  each  county  or  city  in  which 
any  bank,  either  national  or  State,  is  so  located,  may,  subject  to  the 
conditions  mentioned  below,  tax  all  the  shares  of  stock  issued  by  any 
such  bank  so  located  within  its  limits  at  the  same  rate  as  is  assessed 


Public  Free  School  Law  109 

upon  other  moneyed  capital  in  the  hands  of  individuals  residing  in 
such  county  or  city. 

Second.  That  in  so  taxing  said  shares  the  said  county  or  city 
authorities,  respectively,  shall  follow  the  mode  of  assessment  and 
manner  of  collection  prescribed  by  statute  for  the  collection  of  State 
taxes  upon  said  shares. 

Third.  Whenever  any  commissioner  of  the  revenue,  before 
closing  his  assessment  rolls  or  tax  lists,  shall  receive  from  the 
cashier  of  a  bank  furnishing  a  list  of  the  holders  of  bank  stock  as 
required  by  law  for  the  purposes  of  State  taxation,  or  from  the 
owner  of  any  stock  mentioned  therein,  a  certificate  of  the  commis- 
sioner of  the  revenue  of  the  county  or  city  of  the  State  in  which 
the  owner  of  such  stock  lives,  stating  that  certain  shares  of  the 
stock  mentioned  in  said  list  are  owned  by  a  resident  of  that  county 
or  city,  and  that  the  same  have  been  returned  for  taxation  for  that 
year  in  such  city  or  county,  then  the  said  commissioner  of  the 
revenue  to  whom  the  said  list  of  the  holders  of  such  bank  stock 
has  been  furnished  shall  deduct  from  the  aggregate  value  of  the 
shares  set  forth  in  said  list  the  aggregate  value  of  the  shares  men- 
tioned in  said  certificate.  The  shares  owned  by  non-residents  of 
this  State  shall  be  taxed  only  at  the  place  where  the  bank  issuing 
the  shares  is  located.  (Code,  Sec.  1040a)* 

144.  Taxation  of  shares  of  stock  issued  by  banks  located  in 
Downs. — Each  town  in  which  any  bank,  either  national  or  State, 
is  located  may  tax  all  the  shares  of  stock  issued  by  such  bank  so 
located  within  its  limits  at  the  same  rate  as  is  assessed  upon  other 
moneyed  capital  in  the  hands  of  individuals. 

In  taxing  said  shares  the  said  town  authorities  shall  follow  the 
mode  of  assessment  and  manner  of  collection  prescribed  by  statute 
for  the  collection  of  State  taxes  upon  said  shares.  (Code,  Sec. 
1040b)* 

145.  Assessment  of  oysters  for  taxation;  collection  of  tax. — 
It  shall  be  the  duty  of  each  inspector  of  oysters,  on  the  first  day 
of  October  annually,  to  proceed  to  assess  for  taxation  for   State 
and   county   purposes   all   oysters   planted   or   shells   deposited   for 
propagation  of  oysters  in  his  county  or  district;  he  shall  go  upon 
and  examine  said  oysters  and  shells  and  fix  a  valuation  on  the 

'*Note.— See  sectkn  149  (f)  of  school  law.) 


110  Virginia  School  Laws 


same,  and  make  a  full  and  complete  list  of  the  names  of  owners 
of  said  oysters  and  shells,  where  located,  number  of.  bushels  of 
oysters,  their  value  per  bushel,  giving  the  aggregate  value  of  the 
full  amount;  names  of  owners  of  shells  deposited,  where  located, 
and  total  value — which  list,  to  be  made  out  in  the  form  to  be  fur- 
nished by  the  Auditor  of  Public  Accounts  and  sworn  to  before  a 
notary  public,  a  magistrate,  commissioner  in  chancery,  or  clerk  of 
the  court,  shall  be  filed  on  or  before  the  fifteenth  day  of  November 
in  the  clerk's  office  in  the  county  where  the  inspector  resides.  If 
any  person  consider  himself  aggrieved  by  such  assessment  and  val- 
uation, he  may  apply  for  correction  of  the  same  under  the  pro- 
visions of  sections  five  hundred  and  sixty-seven  and  five  hundred 
and  sixty-eight  of  the  Code  of  Virginia  providing  for  the  correction 
of  erroneous  assessment  of  taxes.  The  inspector  shall  be  summoned 
as  a  witness  when  the  application  is  heard  by  the  court.  It  shall 
be  the  duty  of  the  clerk  of  the  county  forthwith  to  extend  the 
amount  on  the  return  of  the  inspector  of  all  taxes  to  be  paid  by 
each  person  for  State,  county,  and  school  purposes  on  the  same 
basis  as  other  personal  property  is  taxed,  and  the  said  clerk  shall 
forthwith  make  out  four  copies  of  said  assessment  and  return  one 
on  or  before  the  first  day  of  December  to  the  inspector,  deliver  one 
copy  to  the  county  treasurer,  forward  the  third  to  the  Auditor  of 
Public  Accounts,  and  the  fourth  to  the  State  Board  of  Fisheries. 
The  inspector  shall  on  the  first  day  of  December  of  each  year  pro- 
ceed to  collect  said  tax  so  assessed  from  the  parties  who  are  liable 
for  said  tax,  and  shall  have  all  the  powers  now  given  to  county 
and  city  treasurers  for  the  collection  of  taxes;  said  inspector  shall 
on  May  first  of  each  year  settle  in  full  with  the  Auditor  of  Public 
Accounts  for  all  State  revenue  he  has  received,  reporting  the 
amounts  so  collected  to  the  State  Board  of  Fisheries,  to  be  account- 
ed for  in  the  general  oyster  fund  of  the  State;  and  also  settle  with 
the  board  of  supervisors  of  each  county  and  pay  over  to  the  treas- 
urer of  said  county  all  money  collected  for  county  purposes  when 
said  board  shall  so  order.  The  full  compensation  for  the  assess- 
ment of  the  property  and  the  collecting  of  the  taxes  shall  be  ten 
per  centum  on  full  amount  collected.  The  clerk  shall  be  paid  for 
his  services  as  provided  for  in  this  section  out  of  the  amount  of 
the  county  tax  turned  over  by  said  inspector  such  sum  as  may  be 
fixed  by  the  board  of  supervisors.  Any  inspector  or  clerk  failing 
to  discharge  any  duty  imposed  by  this  section  shall  be  fined  not 


Public  Free  School  Law  111 

less  than  twenty  nor  more  than  one  hundred  dollars.     (Code,  Sec. 
2140a) 

146.  To  protect  the  owners  of  timber  and  logs  from  depreda- 
tion; proceeds  of  sales  to  go  into  school  funds. — First.  Every  person, 
firm,  or  corporation  dealing  in  logs  or  timber  in  any  form  to  be 
floated  on  the  streams  of  this  State  shall  be  called  and  known  as 
timber  dealers,  and  as  such  may  adopt  a  brand  or  trade  mark  in 
the  manner  and  with  the  effect  hereinafter  provided. 

##*##*#  #*** 

Seventh.  Every  person  who  shall  take,  catch,  hold,  or  have  in 
his  possession  any  log  or  other  marketable  timber  not  branded  as 
aforesaid  without  the  written  consent  of  the  owner  thereof  shall, 
within  ten  days  after  catching,  taking  up,  or  getting  possession  of 
the  same  as  aforesaid  report  the  same  in  writing  to  the  county  clerk 
of  the  county  in  which  said  person  resides,  and  thirty  days  after 
such  report  is  received  the  sheriff  of  said  county  shall  sell  the  same 
publicly  at  the  court-house  door  on  the  first  day  of  a  county  court 
in  said  county,  of  which  notice  shall  be  given  by  said  sheriff  for  at 
least  ten  days  by  written  or  printed  notices  posted  at  the  front  door 
of  said  court-house,  or  near  thereto,  and  at  one  or  more  public 
places  in  said  county.  Any  person  owning  said  logs  or  timber  may, 
however,  recover  the  same,  satisfying  the  sheriff  that  he  is  entitled 
to  it,  or  by  action  of  detinue,  as  provided  by  law.  Said  sale  shall 
be  made  for  cash  and  the  proceeds,  when  collected,  after  paying 
the  expenses  of  sale,  including  a  fee  of  twenty-five  cents  for  each 
log  or  piece  of  timber  so  sold,  shall  be  paid  to  the  treasurer  of  the 
county  for  the  benefit  of  the  public  schools  of  the  district  in  which 
the  party  reporting  the  same  shall  at  that  time  reside.  Any  person 
failing  to  report  to  said  clerk  as  aforesaid  or  to  turn  over  said  log 
or  other  timber  to  said  sheriff,  or  any  sheriff  failing  or  refusing  to 
advertise  and  sell  such  log  or  timber  as  aforesaid,,  shall  be  guilty  of 
a  misdemeanor  and  fined  not  less  than  ten  nor  more  than  one  hun- 
dred dollars  for  each  offence.  (Code,  Sec.  1906c) 

147.  What  real  estate  exempt  from  taxation. — The  following 
real  estate,  and  no  other,  shall  be  exempt  from  taxation,  State  and 
local: 

(a)  Real  estate  directly  or  indirectly  owned  by  the  State,  how- 
ever held,  and  real  estate  lawfully  owned  and  held  by  counties, 
ckies,  towns,  or  school  districts  used  wholly  and  exclusively  for 
county,  city,  town,  or  public  school  purposes. 


112  Virginia  School  Laws 

(b)  Buildings  with  land  they  actually  occupy  lawfully  owned 
and  held  by  churches  or  religious  bodies  and  wholly  and  exclusively 
used  for  religious  worship,  or  for  the  residence  of  the  minister  of 
any  such  church  or  religious  body,  together  with  the  additional  ad- 
jacent land  reasonably  necessary  for  the  convenient  use  of  any  such 
building. 

(c)  Private  family  burying-grounds  not  exceeding  one  acre  in 
area,  reserved  as  such  by  will  or  deed,  or  shown  by  other  sufficient 
evidence  to  be  reserved  as  such  and  so  exclusively  used,  and  pub- 
lic burying-grounds,   and   lots   therein   exclusively   used   for   burial 
purposes  and  not  conducted  for  profit,  whether  owned  or  managed 
by  local  authorities  or  by  private  corporations. 

(d)  Buildings  with  the  land  they  actually  occupy,  wholly  de- 
voted to  educational  purposes,  belonging  to  and  actually  and  exclu- 
sively occupied  and  used  by  churches,  public  libraries,  incorporated 
colleges,   academies,   industrial  schools,   seminaries  or  other  incor- 
porated institutions  of  learning,  including  the  Virginia  Historical 
Society,  which  are  not  corporations  having  shares  of  stock  or  other- 
wise owned  by  individuals  or  other  corporations,  together  with  such 
additional   adjacent  land   owned  .by   said   churches,   libraries,    and 
educational  institutions  as  may  be  reasonably  necessary  for  the  con- 
venient use  of  such  buildings,  respectively;  and  also  the  buildings 
thereon  used  as  residences  by  the  officers  or  instructors  of  such  edu- 
cational institutions:  provided,  that  such  libraries  and  educational 
institutions  are  not  conducted  for  profit  of  any  person  or  persons, 
natural  or  corporate,  directly  or  under  any  guise  or  pretense  what- 
soever.    But  the  exemption  mentioned  in  this  subsection  shall  not 
apply  to  any  industrial  school,  individual  or  corporate,  not  the  prop- 
erty of  the  State,  which  does  work  for  compensation  or  manufactures 
and  sells  articles  in  the  community  in  which  such  school  is  located : 
provided,  that  nothing  herein  contained  shall  restrict  any  such  school 
from  doing  work  for  or  selling  its  own  products  or  any  other  articles 
to  any  of  its  students  or  employees. 

(e)  Real  estate  belonging  to,  actually  and  exclusively  occupied 
and  used  by  young  men's  Christian  associations  and  other  similar 
religious  associations,  orphan  or  other  asylums,  reformatories,  hos- 
pitals, and  nunneries  which  are  not  conducted  for  profit  but  purely 
and  completely  as  charities. 

(f )  Buildings,  with  the  land  they  actually  occupy,  belonging  to 
any  benevolent  or  charitable  association  and  used  exclusively  for 


Public  Free  School  Law  113 


lodge  purposes  or  meeting  rooms  by  such  association,  together  with 
such  additional  adjacent  land  as  may  be  necessary  for  the  convenient 
use  of  the  buildings  for  such  purposes ;  and 

(g)  Keal  estate  belonging  to  the  Association  for  the  Preserva- 
tion of  Virginia  Antiquities,  the  Confederate  Memorial  Literary  So- 
ciety, and  the  Mount  Vernon  Ladies'  Association  of  the  Union. 

Xo  inheritance  tax  shall  be  charged,  directly  or  indirectly 
against  any  legacy  or  devise  made  according  to  law  for  the  bene- 
fit of  any  institution  or  other  body  or  any  natural  or  corporate  per- 
son whose  property  is  exempt  from  taxation  as  mentioned  in  this 
chapter. 

Nothing  contained  in  this  chapter  shall  be  construed  to  exempt 
from  taxation  the  property  of  any  person,  firm,  association,  or  cor- 
poration who  shall,  expressly  or  impliedly,  directly  or  indirectly, 
contract  or  promise  to  pay  any  sum  of  money  or  other  benefit  on 
account  of  death,  sickness,  or  accident  to  any  of  its  members  or 
any  other  persons;  and  whenever  any  building  or  land,  or  part 
thereof,  mentioned  in  this  section  and  not  belonging  to  the  State, 
shall  be  leased  or  shall  be  a  source  of  revenue  or  profit,  all  of 
such  buildings  and  land  shall  be  liable  to  taxation  as  other  land 
and  buildings  in  the  same  county,  city,  or  town;  and  nothing 
herein  contained  shall  be  construed  as  authorizing  or  requiring 
any  county,  city,  or  town  to  tax  for  county,  city,  or  town  pur- 
poses, in  violation  of  the  rights  of  the  lessees  thereof  existing 
under  any  lawful  contract  heretofore  made,  any  real  estate  owned 
by  such  county,  city,  or  town,  and  heretofore  leased  by  it.  (Code, 
Sec.  457) 

148.  ~\Yhat  personal  property  is  exempt  from  taxation. — The 
following  personal  property  and  no  other  shall  be  exempt  from  tax- 
ation, State  and  local: 

(a)  Property  directly  or  indirectly  owned  by  the  State,  how- 
ever held,  and  property  lawfully  owned  and  held  by  the  counties, 
cities,  towns,   or  school  districts  used  wholly  and  exclusively  for 
county,  city,  town,  or  public  school  purposes,  and  obligations  issued 
by  the  State  since  the  fourteenth  day  of  February,  eighteen  hundred 
and  eighty-two,  or  hereafter  exempted  by  law. 

(b)  The  furniture  and  furnishings  of  buildings  lawfully  owned 
and  held  by  churches  or  religious  bodies  and  wholly  and  exclusively 
used  for  religious  worship  or  for  the  residence  of  the  minister  of 
any  such  church  or  religious  body. 


114  Virginia  School  Laws 

(c)  The   furniture,    furnishing,    books,    and   instruments   con- 
tained in  buildings  wholly  devoted  to  educational  purposes,  belong- 
ing to,  and  actually  and  exclusively  used  by  churches,  public  libra- 
ries, incorporated  colleges,  academies,  industrial  schools,  seminaries, 
or  other  incorporated  institutions  of  learning,   including   the  Vir- 
ginia Historical  Society,  which .  are  not  corporations  having  shares 
of  stock  or  otherwise  owned  by  individuals  or  other  corporations ; 
and  also  the  permanent  endowment  funds  held  by  such  libraries  and 
educational  institutions,  directly  or  in  trust  and  not  invested  in  real 
estate:   provided,   that   such  libraries   and   educational   institutions 
are  not  conducted  for  profit  of  any  person  or  persons,  natural  or 
corporate,  directly  or  under  any  guise  or  pretense  whatsoever.     But 
the  exemption  mentioned  in  this  subsection  shall  not  apply  to  any 
industrial  school,  individual  or  corporate,  not  the  property  of  the 
State,  which  does  work  for  compensation  or  manufactures  and  sells 
articles  in  the  community  in  which  such   school  is  located:   pro- 
vided, that  nothing  herein  contained  shall  restrict  any  such  school 
from  doing  work  for  or  selling  its  own  products  or  any  other  articles 
to  any  of  its  students  or  employees. 

(d)  Personal  property,   including  endowment   funds,   not  in- 
vested in  real  estate,  belonging  to  young  men's  Christian  associations 
and  other  similar  religious  associations,  orphan  or  other  asylums, 
reformatories,   hospitals,   and  nunneries,  which   are  not  conducted 
for  profit  but  purely  and  completely  as  charities. 

(e)  The  furniture  and  furnishings  of  buildings  belonging  to 
any  benevolent  or  charitable  association  and  used  exclusively  for 
lodge  purposes  or  meeting  rooms  by  such  association. 

(f )  Personal  property  belonging  to  the  Association  for  the  Pre- 
servation of  Virginia  Antiquities,  the  Confederate  Memorial  Liter- 
ary Society,  and  the  Mount  Vernon  Ladies'  Association  of  the  Union. 
(Code,  Sec.  488) 

149.  State  school  taxes. — The  statutes  provide  in  part  as  fol- 
lows : 

(a)  Keal  estate,  ground  rents,  and  rent  charge. — On  all  tracts 
of  lands  and  lots,  and  the  improvements  thereon,  not  exempt  from 
taxation,  ground  rents  and  rent  charge,  there  shall  be  a  tax  of  ten 
cents  on  every  hundred  dollars  of  the  assessed  value  thereof ,  which 
shall  be  applied  to  the  support  of  the  public  free  schools  of  the  State. 
(Code,  page  2191,  cl.  2;  Acts  1915,  page  119,  sec.  1.) 

(b)  Capitation. — Upon  every  male  person  who  has  attained 


Public  Free  School  Law  115 

the  age  of  twenty-one  years,  except  those  pensioned  by  the  State 
for  military  services,  there  shall  be  a  tax  of  one  dollar  and  fifty 
cents,  of  which  one  dollar  shall  be  for  aid  of  the  public  free  schools, 
and  fifty  cents  shall  be  returned  and  paid  into  the  treasury  of  the 
county  or  city  in  which  it  shall  have  been  collected.  (Code,  page 
2192,  cl.  5)  " 

(c)  Tangible  personal  property. — On  all  taxable  tangible  per- 
sonal property  (except  rolling  stock  of  corporations  operating  rail- 
roads by  steam)  there  shall  be  a  tax  of  ten  cents  on  every  hundred 
dollars  of  the  assessed  value  thereof,  which  shall  be  Applied  to  the 
support  of  the  public  free  schools  of  the  State.     (Code,  page  2193, 
cl.  7;  Acts  1915,  page  119,  sec.  1) 

(d)  Intangible  personal  property. — From  and  out  of  the  tax 
on  all  such  property  [that  is,  taxable  intangible  personal  property] 
paid  to  and  retained  by  the  State  for  the  expenses  of  the  State  gov- 
ernment, there  shall  be  set  aside  ten  cents  on  every  hundred  dollars 
of  the  assessed  value  thereof  which  shall  be  applied  to  the  support 
of  the  public  free  schools  of  this   State.     (Acts   1915,  page   160, 
sec.  9) 

(e)  Money. — The  total  rate  of  such   segregated  taxation   on 
such  money  on  deposit  or  otherwise  shall  be  twenty  cents  on  the 
one  hundred  dollars,  one-half  of  which  shall  be  applied  to  the  support 
of  the  government,  and  one-half  of  which  shall  be  applied  to  the 
support  of  the  public  free  schools  of  the  State.     The  ten  cents  to 
be  applied  to  the  public  free  schools  shall  be  and  is  hereby  appro- 
priated as  a  special  fund  to  the  primary  or  grammar  schools  of  the 
State.     (Acts  1914,  page  6,  sec.  2) 

(f)  Banks,  etc. — ~No  tax  shall  be  assessed  upon  the  capital  of 
any  bank  or  banking  association  organized  under  the  authority  of 
this  State  or  of  the  United  States,  nor  upon  capital  of  any  trust  or 
security  company  chartered  by  this  State,  but  the  stockholders  in 
such  banks,  banking  associations,  trust  and  security  companies  shall 
be  assessed  and  taxed  on  their  shares  of  stock  therein.     Each  bank, 
banking  association,  trust  and  security  company  aforesaid,  on  the 
first  day  of  February  in  each  year,  shall  make  up  and  return  to  the 
commissioner  of  the  revenue  of  the  county,  city  or  town,  or  district 
in  which  said  bank,  banking  association,  trust  or  security  company  is 
located,  a  report  in  which  shall  be  given  the  names  and  residences  of 
all  of  its  stockholders,  the  number  and  actual  value  of  the  shares  of 
stock  held  bv  each  stockholder.     From  the  total  value  of  the  shares 


116  Virginia  School  Laws 


of  stock  of  any  such  bank,  banking  association,  trust  or  security  com- 
pany, which  shall  be  ascertained  by  adding  together  its  capital, 
surplus  and  undivided  profits,  there  shall  be  deducted  the  assessed 
value  of  its  real  estate  otherwise  taxed  in  this  State,  or  if  the  title  to 
the  building  in  which  any  such  bank,  banking  association,  trust  or 
security  company  does  its  business,  and  the  land  on  which  it  stands, 
is  held  in  the  name  of  a  separate  corporation,  in  which  such  bank, 
banking  association,  trust  or  security  company  owns  all  or  a  ma- 
jority of  the  stock,  and  such  real  estate  be  otherwise  taxed  in  this 
State,  then  there  shall  be  deducted  from  the  value  of  the  shares  of 
stock  of  such  bank  such  proportion  of  the  assessed  value  of  said  real 
estate  as  the  stock  it  owns  in  such  holding  corporation  bears  to  the 
whole  issue  of  stock  in*  such  corporation ;  and  the  actual  value  of 
each  share  of  stock  shall  be  its  proportion  of  the  remainder.  The 
owners  of  the  shares  of  stock  of  such  banks,  banking  associations, 
trust  or  security  companies,  shall  be  entitled  to  no  deduction  from 
the  taxable  value  of  their  shares  because  of  the  personal  indebtedness 
of  such  owners,  or  for  any  other  reason  whatsoever.  *  *  *  * 
(Acts  1915,  page  209,  sec.  17) 

It  shall  be  the  duty  of  said  commissioner  of  the  revenue,  as 
soon  as  he  receives  such  report,  to  assess  each  stockholder  upon  such 
actual  value  of  the  shares  of  stock  owned  by  him  a  State  tax  of 
thirty-five  cents  on  every  one  hundred  dollars  thereof,  of  which 
twenty-.five  cents  shall  be  applied  to  the  governmental  expenses  of 
the  State,  and  ten  cents  thereof  shall  be  applied  to  the  support  of 
the  public  free  schools  of  the  State  as  provided  by  law.  (Acts  1915x 
page  209,  sec.  18) 

Each  bank,  banking  association,  trust  and  security  company, 
on  or  before  the  first  day  of  June  in  each  year,  shall  pay  into  the 
State  treasury  and  to  the  treasurers  of  the  several  counties,  cities, 
and  towns,  respectively,  the  taxes  assessed  against  its  stockholders. 
(Acts  1915,  page  209,  sec.  19) 

The  real  estate  of  all  banks,  banking  associations,  trust  and 
security  companies  shall  be  assessed  on  the  land  books  of  the  com- 
missioners of  the  revenue  with  the  same  taxes  with  which  other  real 
estate  is  assessed.  [Ten  cents  on  the  hundred  dollars  of  assessed 
value  is  the  State  tax  for  support  of  the  public  free  schools.]  (Acts 
1915,  page  209,  sec.  22) 

(g)  Insurance  companies,  etc. — The  real  estate  and  tangible 
personal  property,  situated  or  located  in  this  State,  of  every  person, 


Public  Free  School  Law  117 

partnership,  company  or  corporation,  whether  organized  by  the  laws 
of  another  State  or  country,  or  organized  under  the  laws  of  this 
State,  and  doing  an  insurance  business  in  this  State,  shall  be  listed 
and  assessed  on  the  land  and  property  books  of  the  commissioners 
of  the  revenue  in  the  same  manner  as  other  real  estate  and  tangible 
personal  property  is  assessed,  and  shall  be  taxed  at  the  same  rate 
as  other  like  property  is  taxed  in  this  State.  [Ten  cents  on  the  hun- 
dred dollars  of  assessed  value  is  the  State  tax  for  support  of  the 
public  free  schools.]  (Acts  1915,  page  106,  sec.  26) 

(h)  Industrial  sick  benefit  companies  and  associations. — Real 
estate  and  tangible  personal  property  to  be  listed  and  assessed  on  the 
land  and  property  books  of  the  commissioners  of  the  revenue  in  the 
same  manner  as  other  real  estate  and  tangible  personal  property  is 
assessed,  and  taxed  at  the  same  rate  as  other  like  property  is  taxed. 
[Ten  cents  on  the  hundred  dollars  of  assessed  value  is  the  State  tax 
for  support  of  the  public  free  schools.]  (Acts  1915,  page  153, 
sec.  5) 

(i)  Railway  and  canal  corporations. — The  State  tax  on  the 
real  estate,  rolling  stock  (other  than  the  rolling  stock  of  corpora- 
tions operating  railroads  by  steam)  and  tangible  personal  property 
of  every  railway  and  canal  corporation,  shall  be  at  the  rate  of  ten 
cents  on  every  hundred  dollars  assessed  value  thereof,  the  proceeds 
of  which  shall  be  applied  to  the  support  of  the  public  free  schools 
of  this  State.  (Acts  1915,  page  197,  sec.  28,  para.  5) 

It  shall  be  the  duty  of  the  clerk  of  the  State  Corporation  Com- 
mission to  furnish  to  the  council  of  every  city  and  town  and  to  the 
board  of  supervisors  of  every  county,  and  to  the  treasurer  of  every 
county  and  city,  wherein  any  property  belonging  to  such  corpora- 
tion is  situated,  a  certified  copy  of  the  assessment  made  by  the  State 
Corporation  Commission  of  such  corporation's  property,  which  shall 
definitely  show  the  character  of  the  property,  its  value  and  location 
for  purposes  of  taxation  in  each  county,  city,  town,  and  school  dis- 
trict, so  that  county,  city,  town,  and  school  district  levies  may  be 
laid  upon  the  same;  provided,  however,  that  it  shall  be  the  duty  of 
the  division  superintendent  of  schools  in  each  county  in  which  a 
railway  or  canal  is  located  and  operated  to  furnish,  on  or  before  the 
first  of  July  in  each  year,  to  such  railway  or  canal  corporation  or 
corporations,  the  boundaries  of  each  school  district  of  said  'county 
in  which  any  part  of  such  railway  or  canal  and  its  property  is  situ- 
ated, and  a  copy  of  such  boundaries  to  the  clerk  of  the  State  Corpo- 


118  Virginia  School  Laws 


ration  Commission.  Wherever  any  division  superintendent  of 
schools  shall  fail  to  furnish  to  such  railway  or  canal  corporation 
or  corporations  and  the  clerk  of  the  State  Corporation  Commission, 
the  boundaries  of  each  school  district  of  said  county  in  which  any 
part  of  such  railway  or  canal  and  its  property  is  situated,  it  shall 
be  the  duty  of  the  clerk  of  the  State  Corporation  Commission  to 
notify  the  judge  of  the  Circuit  Court  of  the  county  wherein  such 
superintendent  of  schools  resides,  who  shall  instruct  the  grand  jury 
at  the  next  term  of  the  Circuit  Court  to  ascertain  whether  such  boun- 
daries have  been  furnished  as  required  in  this  act,  and  should  said 
grand  jury  ascertain  that  such  boundaries  have  not  been  furnished, 
they  shall  find  an  indictment  against  each  such  division  superinten- 
dent of  schools,  who  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  fined  not  less  than  twenty-five  dol- 
lars nor  more  than  one  hundred  dollars  for  each  school  district  so 
omitted.  (Acts  1915,  page  197;  sec.  27,  sub-div.  "Hinth,"  para. 
6) 

(j)  Express  companies,  refrigerator,  oil,  stock,  fruit,  and 
other  car  loaning  and  other  car  companies  operating  upon  the  rail- 
roads in  this  State,  except  sleeping  car,  dining  car,  drawing  room 
car  and  palace  car  companies. — The  State  tax  on  the  real  estate  and 
tangible  personal  property  of  every  such  company  shall  be  at  the 
rate  of  ten  cents  on  every  one  hundred  dollars  assessed  value  thereof 
the  proceeds  of  which  shall  be  applied  to  the  support  of  the  public 
free  schools  of  this  State.  (Acts  1915,  page  197;  sec.  29%,  sub- 
div.  d) 

It  shall  be  the  duty  of  the  clerk  of  the  State  Corporation  Com- 
mission to  furnish  to  the  council  of  every  city  and  town  and  to  the 
board  of  supervisors  of  every  county  wherein  the  property  belong- 
ing to  said  company  is  situated  a  certified  copy  of  the  assessment 
made  by  the  State  Corporation  Commission  of  such  companies' 
property,  which  assessment  shall  definitely  show  the  character  of 
the  property,  its  value  and  location  for  the  purpose  of  taxation  in 
each  city,  town,  county  and  district,  so  that  city,  town,  county  and ' 
district  levies  may  be  imposed  upon  the  same;  provided,  however, 
that  it  shall  be  the  duty  of  the  division  superintendent  of  schools  in 
each  such  county  in  which  any  express  company,  refrigerator,  oil, 
stock,  fruit,  and  other  car  loaning,  and  other  car  companies  own 
property,  on  or  before  the  first  day  of  July  in  each  year  to  furnish  to 
such  companies  the  boundaries  of  the  school  districts  of  said  county 


Public  Free  School  Law  119 

wherein  any  such  property  is  situated.      (Acts  1915,  page  197;  sec. 
29,  4th  para.  fol.  d) 

(k)  Corporations  which  operate  steamships,  steamboats  or 
other  floating  property  for  the  transportation  of  passengers  or 
freight. — The  State  tax  on  the  real  estate  and  tangible  personal 
property  of  every  such  company  shall  be  at  the  rate  of  ten  cents  on 
every  one  hundred  dollars  assessed  value  thereof,  the  proceeds  of 
which  shall  be  applied  to  the  support  of  the  public  free  schools  of 
this  State.  *  *  *  (Acts  1915,  page  197;  sec.  31,  para.  4) 

It  shall  be  the  duty  of  the  clerk  of  the  State  Corporation  Com- 
mission to  furnish  to  the  council  of  every  city  and  town,  and  to  the 
board  of  supervisors  of  every  county  wherein  the  property  belong- 
ing to  said  corporation  is  situated,  a  certified  copy  of  the  assess- 
ment made  by  the  State  Corporation  Commission  of  such  corpora- 
tion's property,  which  assessment  shall  definitely  show  the  charac- 
ter of  the  property,  its  value  and  location,  for  the  purpose  of  taxa- 
tion in  each  city,  town,  county  and  district,  so  that  city,  town,  county, 
and  district  levies  may  be  imposed  upon  the  same;  provided,  how- 
ever, that  it  shall  be  the  duty  of  the  division  superintendent  of 
schools  in  each  such  county  in  which  any  such  corporations  owns 
property,  on  or  before  the  first  day  of  July  in  each  year,  to  furnish  to 
each  such  corporation  the  boundaries  of  the  school  districts  of  said 
county  wherein  any  such  property  is  situated.  (Acts  1915,  page 
197 ;  sec.  30,  para.  5,  fol.  a) 

(1)  Incorporated  telegraph  and  telephone  companies. — The 
State  tax  on  the  real  estate  and  tangible  personal  property  of  every 
incorporated  telegraph  and  telephone  company  owning  or  operating 
telegraph  or  telephone  lines  in  this  State  shall  be  at  the  rate  of  ten 
cents  on  every  one  hundred  dollars  assessed  value  thereof,  the  pro- 
ceeds of  which  shall  be  applied  to  the  support  of  the  public  free 
schools  of  this  State.  (Acts  1915,  page  197;  sec.  35,  para.  4) 

It  shall  be  the  duty  of  the  State  Corporation  Commission  to 
furnish  to  the  council  of  every  corporation  and  to  the  board  of  su- 
pervisors of  every  county,  and  to  every  city  and  county  treasurer 
wherein  any  property  belonging  to  any  such  corporation  is  situated 
a  certified  copy  of  the  assessment  made  by  the  State  Corporation 
Commission  of  such  company's  property,  which  assessment  shall 
definitely  show  the  character  of  the  property,  its  value  and  the  lo- 
cation for  the  purposes  of  taxation  in  each  city,  town,  county  and 


120  Virginia  School  Laws 


district,  so  that  city,  town,  county,  district  and  road  levies  may  be 
imposed  upon  the  same. 

It  shall  be  the  duty  of  the  division  superintendent  of  schools 
in  each  county  in  which  any  such  telegraph  or  telephone  company 
operating  a  telegraph  or  telephone  line  owns  property,  on  or  before 
the  first  day  of  July  of  each  year,  to  furnish  such  telegraph  or  tele- 
phone company  and  the  clerk  of  the  State  Corporation  Commission, 
the  boundaries  of  the  school  districts  of  said  county  wherein  any 
such  property  is  situated. 

It  shall  be  the  duty  of  the  judge  of  the  Circuit  Court  for  each 
county,  at  the  next  term  of  said  court  after  the  first  day  of  July  in 
each  year,  to  instruct  the  grand  jury  to  inquire  into  and  ascertain 
whether  or  not  the  division  superintendent  of  schools  has  furnished 
the  boundaries  of  each  school  district  to  such  telegraph  and  tele- 
phone companies  operating  in  said  county  and  to  the  clerk  of  the 
Corporation  Commission.  If  the  grand  jury  shall  find  that  the  di- 
vision superintendent  of  schools  has  not  furnished  the  boundaries 
of  such  school  districts  LS  herein  provided,  indictments  shall  be  found 
against  him  for  a  misdemeanor,  and,  upon  conviction  thereof,  ho 
shall  be  fined  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars  for  each  school  district  so  omitted.  (Acts  1915,  page  197; 
sec.  34,  para.  4,  5,  6  fol.  4) 

(m)  Water  or  heat,  light  and  power  companies. — The  real  and 
personal  property  of  such  corporation,  other  than  its  franchise, 
shall  be  assessed  on  the  valuation  fixed  by  the  State  Corporation 
Commission  with  county,  city,  town,  district,  and  road  levies,  at  the 
same  rate  as  real  and  personal  property  of  natural  persons  are  as- 
sessed with  such  levies.  [Ten  cents  on  the  hundred  dollars  of  as- 
sessed value  is  the  State  tax  for  support  of  the  public  free  schools.] 
(Acts  1912,  page  664;  sec.  7) 

It  shall  be  the  duty  of  the  clerk  of  the  State  Corporation  Com- 
mission to  furnish  to  the  council  of  every  city  and  town  and  to  the 
board  of  supervisors  of  every  district  wherein  any  property  belong- 
ing to  such  corporation  is  situated  a  certified  copy  of  the  assessment 
made  by  the  State  Corporation  Commission  of  such  company's  prop- 
erty, which  assessment  shall  definitely  show  the  character  of  the 
property,  its  value  and  location  for  the  purpose  of  taxation,  in  each 
city,  town,  county,  and  district,  so  that  city,  town,  county,  and  dis- 
trict levies  may  be  imposed  upon  the  same ;  provided,  however,  that 
it  shall  be  the  duty  of  the  county  superintendent  of  schools  in  each. 


Public  Free  School  Law  121 

county  in  which  any  such  corporation  set  forth  in  this  act  does 
business  or  owns  property,  011  or  before  the  first  day  of  July  of  each 
year,  to  furnish  each  such  corporation  the  boundaries  of  the  school 
districts  of  the  said  county  wherein  any  such  property  is  situated  or 
business  done.  (Acts  1910,  page  90) 

NOTE. — Segregation  of  the  several  kinds  and  classes  of  property  for 
the  purposes  of  taxation. — By  chapter  85,  page  119,  Acts  of  Assembly,  1915, 
the  State  has  segregated  for  the  purposes  of  taxation  the  several  kinds 
and  classes  of  property,  determining  upon  what  subjects  State  taxes,  and 
upon  what  subjects  local  taxes,  may  be  levied.  Under  this  act  all  taxable 
real  estate,  and  all  taxable  tangible  personal  property  enumerated  in 
section  6  in  schedule  "B"  of  the  act  to  raise  revenue  for  the  support  of. 
the  government  and  public  schools,  etc.;  also  the  tangible  personal  property 
of  public  service  corporations  (except  rolling  stock  of  corporations  operat- 
ing railroads  by  steam)  are  segregated  and  made  subject  to  local  taxation 
only.  The  act  provides,  however,  "that  there  shall  be  continued  for  the 
year  nineteen  hundred  and  fifteen  and  until  otherwise  changed  by  law,  the 
present  State  school  tax  of  ten  cents  on  every  one  hundred  dollars  of  the 
assessed  value  of  said  real  estate  and  tangible  personal  property,  which 
tax  shall  be  applied  to  the  support  of  the  public  free  schools  for  the  equal 
benefit  of  all  of  the  people  of  the  State  and  to  be  apportioned  on  a  basis 
of  school  population."  , 

This  act  further  provides  that  "all  insurance  taxes  and  licenses  on  in- 
surance companies  and  all  taxable  intangible  personal  property,  rolling 
stock  of  all  corporations  operating  railroads  by  steam,  and  all  other  classes 
of  property  not  hereinbefore  specifically  enumerated  in  this  act,  be  and  the 
same  are  hereby  segregated  and  made  subject  to  State  taxation  only; 
provided  that  nothing  herein  contained  shall  prevent  any  city  from  levying 
a  tax  upon  said  segregated  intangible  personal  property  assessed  to  the 
residents  therein  at  a  rate  not  to  exceed  thirty  cents  upon  the  one  hundred 
dollars  of  assessed  valuation  thereof;  nor  to  prevent  the  boards  of  super- 
visors of  any  county  from  levying  a  district  road  tax  on  all  said  segregated 
intangible  personal  property  assessed  to  the  residents  in  the  magisterial 
district  proposed  to  be  taxed  for  district  purposes  to  be  used  exclusively 
for  the  construction  and  repair  of  roads  located  within  the  magisterial  dis- 
trict in  which  said  levy  is  laid  at  a  rate  not  to  exceed  thirty  cents  on 
the  one  hundred  dollars  of  assessed  valuation  thereof  (but  this  clause 
shall  not  be  construed  to  authorize  the  board  of  supervisors  of  any  county 
to  levy  such  tax  against  the  residents  of  an  incorporated  town  which 
maintains  its  own  roads,  which  town  is  located  within  such  magisterial 
district),  nor  to  prevent  any  incorporated  town  in  this  State  which  is 
exempt  by  statute  or  by  the  express  provisions  of  its  charter  from  the 
payment  of  district  road  taxes,  or  which  maintains  its  own  roads  free  of 
expense  to  the  magisterial  district  in  which  it  is  located,  from  levying  and 
collecting  a  tax  on  all  said  segregated  intangible  personal  property  as- 
sessed to  residents  therein  at  a  rate  not  to  exceed  thirty  cents  on  the 
hundred  dollars  of  assessed  valuation  thereof;  except  that  the  capital 
of  merchants  shall  not  be  subject  to  State  taxation,  but  may  be  taxed 
locally  as  prescribed  by  law;  and  the  shares  of  stock  of  banks,  banking 
associations,  and  other  institutions  enumerated  in  section  seventeen  in 
schedule  "D"  of  the  act  aforesaid,  which  shares  of  stock  shall  be  taxed 
as  provided  by  law." 

Chapter  99,  page  136,  Acts  of  Assembly,  1915,  authorizes  boards  of 
supervisors  of  counties  and  councils  of  cities  and  towns  to  adopt  the  State 
classification  of  the  subjects  of  taxation  as  the  same  may  now  or  here- 
after be  classified  for  the  purposes  of  taxation  by  the  State. 


122  Virginia  School  Laws 

150.  School  taxes  to  be  separately  assessed  and  paid  in  money. 
All  taxes  assessed  on  property,  real  or  personal,  by  this  act,  and 
by  it  dedicated  to  the  maintenance  of  the  public  free  schools  of  this 
State,  shall  be  paid  and  collected  only  in  lawful  money  of  the  United 
States,  and  shall  be  paid  into  the  treasury  to  the  credit  of  the  free 
school  fund,  and  shall  be  used  for  no  other  purposes  whatsoever. 
And  to  this  end  the  Auditor  of  Public  Accounts  shall  have  the  books 
of  the  commissioners  of  the  revenue  prepared  with  reference  to  the 
separate  assessments  and   collection   of  said  school  tax,   and  the 
treasurers  of  the  several  counties  and  cities  of  the  Commonwealth 
shall  have  the  tax  bills  in*  their  respective  counties  and  cities  so  made 
out  as  to  specify  the  amount  of  tax  due  from  each  taxpayer  to  the  said 
public  free  school  fund,   including  the  capitation  tax   and  school 
taxes  of  whatever  kind  or  nature,  and  to  keep  said  capitation  tax  and 
school  taxes  separate  and  distinct  from  all  other  taxes  or  revenues 
so  collected  by  him,  and  forward  the  same  thus  separate  and  distinct 
to  the  Auditor  of  Public  Ac£ounts,  which  shall  be  kept  separate  and 
distinct  by  him  frorn^  all  other  taxes  or  revenues  until  paid  the  pub- 
lic free  schools.     (Code,  page  2266,  cl.  145) 

151.  Appropriations    by    General   Assembly    to   schools- — For 
the  fiscal  year  closing  on  the  twenty-eighth  day  of  February,  nineteen 
hundred  and  fifteen — 

Such  sum  as  will  be  sufficient  to  pay  the  Superintendent  of 
Public  Instruction  thirty-five  hundred  dollars,  salary,  and  his  nec- 
essary traveling  expenses  while  engaged  in  the  duties  of  his  office 
(to  be  approved  by  the  Board  of  Education),  not  to  exceed  in  the 
aggregate  seven  hundred  dollars  in  one  year. 

For  expenses  incident  upon  the  meeting  cf  the  National  Educa- 
tion Association  in  Richmond,  three  hundred  dollars,  or  as  much 
thereof  as  may  be  necessary. 

Public  Schools. — Such  sums  as  will  be  sufficient  to  pay  the 
amount  required  by  section  fifteen  hundred  and  seven  of  the  Code 
of  Virginia,  as  amended,  to  be  applied  to  the  support  of  the  public 
free  schools,  estimated  at  the  sum  of  one  million  three  hundred  and 
eight  thousand  seven  hundred  and  forty  dollars  and  eighty-three 
cents,  and  such  additional  sums  as  may  accrue  under  the  law;  and 
the  further  sum  of  five  hundred  and  eighty  thousand  dollars,  this 
latter  sum  to  be  turned  over  to  the  State  Board  of  Education,  and  by 
that  board  apportioned  as  prescribed  by  the  Constitution  to  the  pub- 
lic free  schools  of  the  several  counties  and  cities  of  the  Common- 
wealth, except,  however,  forty  thousand  dollars,  or  so  much  thereof 


Public  Free  School  Law  123 

as  may  be  necessary,  which  the  State  Board  is  authorized  to  expend 
in  the  maintenance  of  summer  normal  institutes,  provided  that  no 
officer  or  teacher  in  the  public  school  system  or  any  of  the  State 
institutions  who  may  be  employed  by  the  calendar  year  shall  receive 
pay  both  as  an  officer  or  instructor  in  a  summer  normal  institute 
and  as  an  officer  or  teacher  in  the  public  school  system,  or  in  a  State 
institution  as  aforesaid,  for  the  time  he  is  employed  as  a  summer 
school  officer  or  instructor,  but  he  shall  elect  the  capacity  in-  which 
he  will  be  paid  during  the  time  that  he  serves  as  a  summer  school 
officer  or  instructor ;  and,  provided,  further,  that  no  Virginia  teacher 
shall  be  charged  tuition  in  said  summer  normal  institutes. 

From  the  sum  turned  over  to  the  State  Board  of  Education,  as 
aforesaid,  shall  also  be  excepted  the  sum  of  one  thousand  dollars,  or 
so  much  thereof  as  may  be  necessary,  which  the  State  Board  is  au- 
thorized to  expend  in  the  maintenance  of  the  public  free  school  at 
the  Laurel  Reformatory ;  the  sum  of  six  hundred  dollars,  or  so  much 
thereof  as  may  be  necessary,  which  the  State  Board  of  Education 
is  authorized  to  expend  in  the  maintenance  of  the  public  free  school 
at  the  negro  reformatory  in  Hanover  county;  and  the  further  sum 
of  six  hundred  dollars,  or  so  much  thereof  as  may  be  necessary, 
which  the  State  Board  is  authorized  to  expend  in  the  maintenance 
of  the  public 'free  school  at  the  Virginia  home  and  industrial  school 
for  girls,  in  Chesterfield  county,  upon  the  same  terms  and  conditions 
as  the  money  is  expended  at  the  two  reformatories  above  men- 
tioned. 

And  the  further  sum  of  two  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  which  the  State  Board  of  Education 
is  authorized  to  expend  for  rent  of  offices  which  are  rendered  nec- 
essary by  the  crowded  condition  of  the  capitol  building. 

There  shall  also  be  excepted  from  the  sum  to  be  turned  over  to 
the  State  Board  of  Education,  as  aforesaid,  the  sum  of  seventy-five 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to  be 
used  under  the  rules  and  regulations  of  the  State  Board  of  Educa- 
tion for  the  establishment  and  maintenance  of  the  rural  graded 
schools  of  two,  three,  and  four  rooms ;  provided,  that  no  such  school 
shall  receive  more  than  two  hundred  dollars,  and  any  school  receiv- 
ing aid  from  this  fund  shall  not  receive  aid  from  the  high  school 
fund.  There  shall  also  be  excepted  from  the  sum  to  be  turned  over 
to  the  State  Board  of  Education,  as  aforesaid,  the  sum  of  two  hun- 
dred thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to 
be  used  under  the  rules  and  regulations  of  the  State  Board  of  Ed- 


124  Virginia  School  Laws 

ucation  for  the  maintenance  and  development  tf  rural  schools  of  one 
and  two  rooms,  the  said  sum  to  be  used  especially  for  the  purpose 
of  increasing  the  length  of  term  in  said  schools  in  a  statewide  ef- 
fort to  provide  proper  school  facilities  for  remote  and  needy  com- 
munities. 

For  high  schools,  to  be  expended  as  per  act  creating  public 
high  schools,  one  hundred  thousand  dollars;  provided,,  that  so  much 
of  the  seven  hundred  thousand  dollars,  herein  provided  for  the  sup- 
port of  the  public  and  high  schools,  as  may  be  necessary,  not  to  exceed 
thirty-two  thousand  dollars,  shall  be  devoted  to  the  establishment  and 
support  of  departments  of  agriculture,  domestic  economy,  and  manual 
training  in  at  least  one  high  school  in  each  congressional  district  of 
the  State,  to  be  conducted  under  such  rules  and  regulations  as  the 
State  Board  of  Education  may  prescribe. 

For  normal  instruction  in  high  schools,  twenty  thousand  dol- 
lars (chapter  sixty-seven,  Acts  of  nineteen  hundred  and  eight). 

For  libraries  in  public  schools  in  cities,  towns,  and  rural  dis- 
tricts, three  thousand  dollars  (chapter  three  hundred  and  sixteen, 
Acts  nineteen  hundred  and  eight). 

For  school  teachers'  pension  fund,  as  provided  by  Acts  of 
nineteen  hundred  and  ten;  five  thousand  dollars. 

For  the  fiscal  year  closing  on  the  twenty-ninth  day  of  February, 
nineteen  hundred  and  sixteen — 

Such  sum  as  will  be  sufficient  to  pay  the  Superintendent  of 
Public  Instruction  thirty-five  hundred  dollars,  salary,  and  his  nec- 
essary traveling  expenses  while  engaged  in  the  duties  of  his  office 
(to  be  approved  by  the  Board  of  Education),  not  to  exceed  in  the 
aggregate  seven  hundred  dollars  in  one  year. 

Public  schools. — Such  sums  as  will  be  sufficient  to  pay  the 
amount  required  by  section  fifteen  hundred  and  seven  of  the  Code 
of  Virginia,  as  amended,  to  be  applied  to  the  support  of  the  public 
free  schools,  estimated  at  the  sum  of  one  million  three  hundred  and 
eight  thousand  seven  hundred  and  forty  dollars  and  eighty-three 
cents,  and  such  additional  sums  as  may  accrue  under  the  law. 

And  the  further  sum  of  five  hundred  and  eighty  thousand  dol- 
lars, this  latter  sum  to  be  turned  over  to  the  State  Board  of  Educa- 
tion, and  by  that  board  apportioned  as  prescribed  by  the  Constitu- 
tion to  the  public  free  schools  of  the  several  counties  and  cities  of 
the  Commonwealth,  except,  however,  forty  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary,  which  the  State  Board  is  au- 


Public  Free  School  Law  125 

thorized  to  expend  in  the  maintenance  of  summer  normal  institutes, 
provided  that  no  officer  or  teacher  in  the  public  school  system  or  any 
of  the  State  institutions  who  may  be  employed  by  the  calendar  year 
shall  receive  pay  both  as  an  officer  or  instructor  in  a  summer  normal 
institute  and  as  an  officer  or  teacher  in  the  public  school  system  or 
in  a  State  institution,,  as  aforesaid,  for  the  time  he  is  employed  as 
a  summer  school  officer  or  instructor,  but  he  shall  elect  the  capacity 
in  which  he  will  be  paid  during  the  time  that  he  serves  as  a  sum- 
mer school  officer  or  instructor;  and  provided,  further,  that  no  Vir- 
ginia teacher  shall  be  charged  tuition  in  said  summer  normal  in- 
titutes. 

From  the  sum  turned  over  to  the  State  Board  of  Education,  as 
aforesaid,  shall  also  be  excepted  the  sum  of  one  thousand  dollars,  or 
so  much  thereof  as  may  be  necessary,  which  the  State  Board  is  au- 
thorized to  expend  in  the  maintenance  of  the  public  free  school  at 
the  Laurel  Keformatory ;  the  sum  of  six  hundred  dollars,  or  so  much 
thereof  as  may  be  necessary,  which  the  State  Board  of  Education 
is  authorized  to'  expend  in  the  maintenance  of  the  public  free  school 
at  the  negro  reformatory  in  Hanover  county;  and  the  further  sum 
of  six  hundred  dollars,  or  so  much  thereof  as  may  be  necessary, 
which  the  State  Board  is  authorized  to  expend  in  the  maintenance 
of  the  public  free  school  at  the  Virginia  home  and  industrial  school 
for  girls,  in  Chesterfield  county,  upon  the  same  terms  and  condi- 
tions as  the  money  is  expended  at  the  two  reformatories  above 
mentioned. 

And  the  further  sum  of  two  thousand  dollars,  or  so  much  there- 
of as  may  be  necessary,  which  the  State  Board  of  Education  is  au- 
thorized to  expend  for  rent  of  offices  which  are  rendered  necessary 
by  the  crowded  condition  of  the  capitol  building. 

There  shall  also  be  excepted  from  the  sum  to  be  turned  over  to 
the  State  Board  of  Education,  as  aforesaid,  the  sum  of  seventy-five 
thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to  be  used 
under  the  rules  and  regulations  of  the  State  Board  of  Education 
for  the  establishment  and  maintenance  of  the  rural  graded  schools 
of  two,  three,  and  four  rooms;  provided  that  no  such  school  shall 
receive  more  than  two  hundred  dollars,  and  any  school  receiving 
aid  from  this  fund  shall  not  receive  aid  from  the  high  school  fund. 

There  shall  also  be  excepted  from  the  sum  to  be  turned  over 
to  the  State  Board  of  Education,  as  aforesaid,  the  sum  of  two  hun- 
dred thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to 


126  Virginia  School  Laws 


be  used  under  the  rules  and  regulations  of  the  State  Board  of  Edu- 
cation, for  the  maintenance  and  development  of  rural  schools  of 
one  and  two  rooms,  the  said  sum  to  be  used  especially  for  the  pur- 
pose of  increasing  the  length  of  term  in  said  schools  in  a  statewide 
effort  to  provide  proper  school  facilities  for  remote  and  needy  com- 
munities. 

For  high  schools,  to  be  expended  as  per  act  creating  public 
high  schools,  one  hundred  thousand  dollars ;  provided,  that  so  much 
of  the  seven  hundred  thousand  dollars,  herein  provided  for  the  sup- 
port of  the  public  and  high  schools,  as  may  be  necessary,  not  to  ex- 
ceed thirty-two  thousand  dollars,  shall  be  devoted  to  the  establish- 
ment and  support  of  departments  of  agriculture,  domestic  economy, 
and  manual  training  in  at  least  one  high  school  in  each  congres- 
sional district  of  the  State,  to  be  conducted  under  such  rules  and 
regulations  as  the  State  Board  of  Education  may  prescribe. 

For  normal  instruction  in  high  schools,  twenty  thousand  dol- 
lars (chapter  sixty-seven,  Acts  of  nineteen  hundred  and  eight). 

For  libraries  in  public  schools  in  cities,  towns,  and  rural  dis- 
tricts, three  thousand  dollars  (chapter  three  hundred  and  sixteen, 
Acts  nineteen  hundred  and  eight). 

For  school  teachers'  pension  fund,  as  provided  by  Acts  of  nine- 
teen hundred  and  ten,  five  thousand  dollars.  (Acts  1914,  page  314) 

152.  Students  Loan  Fund. — The  State  Normal  Schools  for 
Women  at  Farmville,  Harrisonburg,  Fredericksburg,  and  Kadford, 
the  Virginia  Agricultural  and  Mechanical  College  and  Polytechnic 
Institute,  the  Virginia  Military  Institute,  the  University  of  Vir- 
ginia, and  William  and  Mary  College,  may  each  draw  from  the 
treasury  of  the  State,  from  funds  not  otherwise  appropriated,  in 
addition  to  the  sum  appropriated  for  the  support  of  each  of  these 
institutions,  annually  a  sum  not  to  exceed  one  per  centum  of  such 
year's  appropriation  to  said  institution  for  support,  which  sum  shall 
be  used  for  the  establishment  of  a  State  students'  loan  fund  at  each 
of  the  said  institutions,  respectively. 

2.  Each  of  the  said  institutions  shall,  upon  such  terms  and  ac- 
cording to  such  rules  as  may  be  prescribed  by  their  respective  boards 
of  trustees  or  visitors,  make  loans  from  the  said  State  students'  loan 
fund  to  needy  and  deserving  students  of  talent  and  character  from 
Virginia  in  the  academic  departments  at  said  institution  for  the 
purpose  of  aiding  those  to  obtain  an  education  at  such  institution 
who  might  not  be  able  otherwise  to  do  so. 


Public  Free  School  Law  127 

3.  The  said  loans  shall  not  exceed  one  hundred  dollars  ($100) 
in  any  one  session  to  the  same  student  and  shall  be  made  to  said  stu- 
dents upon  such  terms  as  to  time  and  security  as  the  authorities  of 
the  respective  institutions  shall  determine  in  each  case:  provided, 
that  the  rate  of  interest  charged  students  on  such  loans  shall  be  four 
per  centum  per  annum. 

4.  The  said  State  students'  loan  fund  shall  be  preserved  from 
depletion  by  the  said  institutions,  and,  together  with  the  repayments 
and  accretions  thereto,  shall  be  held  and  used  for  the  purposes  speci- 
fied in  this  act  and  no  other,  and  each  of  the  said  institutions  shall 
annually,  not  later  than  July  in  each  year  thereafter,   file  in  the 
office  of  the  State  Superintendent  of  Public  Instruction  a  statement 
in  detail  showing  for  the  year  past  the  amount  received  by  said  fund, 
the  loans  made,  to  whom  made  and  upon  what  terms,  the  amount 
of  the  corpus  of  said  fund,  the  amounts  repaid  to  said  fund  and 
from  whom,  and  any  other  information  deemed  pertinent  by  the 
institution  so  reporting  or  which  may  have  been  requested  by  the 
Superintendent  of  Public  Instruction.     (Acts  1908,  page  430;  Acts 
1914,  pages  335  and  360) 

School  Libraries 

153.  Loan  of  traveling  libraries  to  schools. — Be  it  enacted  by 
the  General  Assembly  of  Virginia,  That  the  following  named  sums 
of  money  be,  and  the  same  are  hereby,  appropriated  out  of  any  mon- 
eys in  the  treasury  not  otherwise  appropriated,  for  the  following  pur- 
poses and  subject  to  the  following  restrictions  and  conditions,  to- 
wit: 
*-x-*****-x-**** 

*Seven  thousand  five  hundred  dollars  to  establish  a  system  of 
traveling  libraries.  This  system  of  libraries  shall  be  under  the  di- 
rect supervision  and  control  of  the  library  board  of  the  Virginia 
State  library,  but  in  the  selection  of  the  books  for  the  school  libraries 
the  list  adopted  must  be  approved  jointly  by  the  library  board  and 
the  State  Board  of  Education. 

The  books  purchased  for  traveling  libraries  may  be  loaned  to 
any  public  school  in  Virginia  under  such  rules  as  may  be  prescribed 


*Note. — Appropriation  for  "salaries  of  such  other  assistants,"  etc., 
and  for  traveling  libraries,  seven  thousand  dollars.  (Acts  1914,  pages 
319  and  344) 


128  Virginia  School  Laws 

by  the  library  board:  provided,  that  not  more  than  five  thousand 
dollars  shall  be  expended  during  the  fiscal  year  ending  March  first, 
nineteen  hundred  and  seven.  (Acts  1906,  pp.  209-211) 

154.  The  establishment  of  libraries  in  the  rural  and  city  public 
schools. — Whenever  the  patrons  and  friends  of  any  public  free 
school  shall  raise  by  private  subscription  and  tender  to  the  clerk  of 
the  district  or  city  school  board,  for  the  establishment  of  a  librarv 
to  be  connected  with  the  said  school,  the  sum  of  fifteen  dollars,  thf> 
school  board  shall  appropriate  the  sum  of  fifteen  dollars  for  this 
purpose,  and  shall  appoint  one  intelligent  person  in  the  school  dis- 
trict, or  city,  the  manager  of  said  library.  The  district  board  shall 
also  appoint  one  competent  person  well  versed  in  books  to  select  books 
for  the  libraries  that  may  be  established  under  the  provisions  of  this 
act  from  lists  of  books  approved  by  the  State  Board  o*f  Education 
and  at  such  prices  and  under  such  rules  and  regulations  as  may  be 
prescribed  by  said  Board  of  Education;  provided,  that  no  school 
board  shall  be  obliged  to  appropriate  money  for  more  than  five  li- 
braries as  aforesaid  in  any  one  year. 

2.  As  soon  as  any  school  board  shall  have  made  an  appropria- 
tion for  a  library  in  the  manner  prescribed,  and  the  person  ap- 
pointed to  select  the  books  shall  have  submitted  the  list  of  books  to 
be  purchased  and  the  prices  of  the  same  to  the  clerk  of  the  school 
board,  the  clerk  of  said  school  board  shall  forward  an  order  for  the 
said  list  of  books,  with  a  warrant  for  not  less  than  forty  dollars 
made  payable  to  the  contractor  or  dealer-  with  whom  the  State  Board 
of  Education  shall  have  made  arrangements  to  furnish  the  books 
under  the  provisions  of  this  act,  to  the  division  superintendent  of 
schools;  whereupon  the  division  superintendent  of  schools  shall 
forward  the  order  for  said  list  of  books,  or  a  copy  thereof,  an  ap- 
plication for  State  aid  and  the  warrant  aforesaid  to  the  Department 
of  Public  Instruction.  Upon  the  receipt  of  said  order  and  warrant 
the  State  Board  of  Education  shall  remit  to  the  treasurer  of  the 
county  or  city  in  which  such  school  is  situated  the  sum  of  ten  dollars, 
the  State's  contribution  for  the  purchase  of  books,  as  aforesaid,  and 
the  Department  of  Public  Instruction  shall  forward  the  order  and 
the  warrant  to  the  said  dealer  or  contractor  under  rules  and  regula- 
tions to  be  formulated  by  the  State  Board  of  Education.  The  treas- 
urer shall  have  no  commission  for  receiving  and  disbursing  the 
funds  provided  for  in  this  act  The  State  Board  of  Education  shall 
fix  rules  and  regulations  looking  to  as  wide  a  distribution  of  the 


Public  Free  School  La,w  129 

funds  as  may  seem  practicable.  The  district  school  board  shall 
furnish  a  neat  bookcase  with  lock  and  key  for  each  library  upon  ap- 
plication of  the  manager  thereof. 

3.  The  local  manager  of  every  library  shall  carry  out  such  rules 
and  regulations  for  the  proper  use  and  preservation  of  books  as  may 
be  prescribed  by  the  State  Board  of  Education.  The  local  managers 
of  two  or  more  libraries  may  be  permitted  to  exchange  libraries  un- 
der rules  and  regulations  to  be  prescribed  by  the  State  Board  of 
Education.  (Acts  1914,  page  138) 

Miscellaneous  Provisions 

155.  Child  labor — Regulating  employment  of  children  in  fac- 
tories, mercantile  establishments,  workshops  and  laundries,  and  as 
messengers,  or  in  selling  or  distributing  newspapers  or  other  peri- 
odicals; penalties  for  violation. — 1.  On  and  after  July  first,  nineteen 
hundred  and  fourteen,  no  child  under  the  age  of  fourteen  years  shall 
be  employed,  permitted  or  suffered  to  work  in  any  factory,  work- 
shop, mine,  mercantile  establishment,  laundry,  bakery,  brick  or 
lumber  yard,  or  during  school  hours  or  after  seven  post  meridian  in 
the  distribution,  transmission  or  sale  of  merchandise. 

•2.  Xo  child  under  the  age  of  sixteen  years  shall  be  employed, 
permitted  or  suffered  to  work  in,  about  or  in  connection  with  any 
establishment  or  occupation  named  in  section  one  (1)  for  more 
than  six  days  in  any  one  week;  (2)  nor  more  than  ten  hours  in  any 
one  day ;  (3)  nor  before  the  hour  of  seven  o'clock  in  the  morning  nor 
after  the  hour  of  nine  o'clock  in  the  evening. 

3.  Xo  child  under  sixteen  years  of  age  shall  be  employed, 
permitted  or  suffered  to  work  in,  about  or  in  connection  with  any 
establishment  or  occupation  named  in  section  one  unless  the  per- 
son, firm  or  corporation  employing  such  child  procures  and  keeps 
on  file  and  accessible  to  any  inspector  of  factories,  or  other  author- 
ized inspector  or  officer  charged  with  the  enforcement  of  this  act, 
the  employment  certificate  as  hereinafter  provided,  issued  to  said 
child;  and  keeps  two  complete  lists  of  the  names,  together  with  the 
ages  of  all  children  under  sixteen  years  of  age  employed  in  or  for 
such  establishment  or  in  such  occupation,  one  on  file  and  one  con- 
spicuously posted  near  the  principal  entrance  of  the  place  or  estab- 
lishment in  which  such  children  are  employed.  On  termination 
of  the  employment  of  a  child  whose  employment  certificate  is  on 
file,  such  certificate  shall  be  returned  by  the  employer  within  two 


130  Virginia  School  Laws 

days  to  the  official  who  issued  the  same  with  a  statement  of  the  rea- 
sons for  the  termination  of  said  employment. 

Such  employment  certificate  shall  be  issued  only  by  a  notary 
public,  in  the  city,  town  or  village  in  which  the  child  is  to  be  em- 
ployed, upon  the  application  in  person  of  the  parent  or  guardian  or 
custodian  of  the  child  desiring  such  employment.  The  person  au- 
thorized to  issue  an  employment  certificate  shall  not  issue  such  cer- 
tificate until  he  has  received,  examined,  approved  and  filed  evidence 
of  age  showing  that  the  child  is  fourteen  years  old  or  upwards, 
which  shall  consist  of  one  of  the  following  proofs  of  age,  and  shall 
be  required  in  the  order  herein  designated  as  follows : 

(a)  A  duly  attested  transcript  of  the  birth  certificates  filed  ac- 
cording to  law  with  a  registrar  of  vital  statistics,  or  other  officer 
charged  with  the  duty  of  recording  births,  which  certificate  shall  be 
prima  facie  evidence  of  the  age  of  such  child. 

(b)  A  passport  or  a  duly  attested  transcript  of  a  certificate 
of  baptism  showing  the  date  of  birth  and  place  of  baptism  of  such 
child. 

(c)  In  case  none  of  the  above  proofs  of  age  can  be  produced, 
other  documentary  evidence  of  age  which  shall  appear  to  be  satis- 
factory to  the  officer  issuing  the  certificate  may  be  accepted  in  lieu 
thereof.    In  such  case  a  school  census  or  school  record,  duly  attested, 
may  be  used  as  proof  of  age  in  the  discretion  of  the  officer  issuing 
the  certificate. 

(d)  In  case  no  documentary  proof  of  age  of  any  kind  can  be 
produced,  the  officer  issuing  the  certificate  may  receive  and  file  an 
affidavit  signed  by  the  parent  or  guardian  or  custodian  of  the  child 
which  shall  contain  the  name,  alleged  age,  place,  and  date  of  birth, 
and  present  residence  of  the  child,  together  with  such  further  facts 
as  may  be  of  assistance  in  determining  the  age  of  such  child,  and 
shall  contain  a  statement  certifying  that  the  parent,  guardian  or 
custodian  signing  such  application  is  unable  to  produce  any  of  the 
documentary  proofs  of  age  specified  in  the  preceding  sub-divisions 
of  this  section. 

4.  In  cities  having  a  population  of  five  thousand  or  more,  ac- 
cording to  the  census  of  nineteen  hundred  and  ten,  no  child  under 
the  age  of  fourteen  years  shall  be  employed,  permitted  or  suffered 
to  work  as  a  messenger  for  a  telegraph,  telephone  or  messenger  com- 
pany, in  the  distribution,  transmission  or  delivery  of  goods  or  mes- 
sages, and  no  child  under  eighteen  years  of  age  shall  be  so  employed, 


Public  Free  School  Law  131 

permitted  or  suffered  to  work  between  the  hours  of  ten  o'clock  in 
the  evening  and  five  o'clock  in  the  morning. 

5.  No  boy  under  ten  years  of  age  and  no  girl  under  sixteen 
years  of  age  shall,  in  any  city  of  this  State  of  five  thousand  popula- 
tion or  more,  distribute,  sell,  expose,  or  offer  for  sale,  newspapers, 
magazines,  or  other  periodicals  in  any  street  or  public  place. 

6.  Any  owner,  superintendent,  overseer,  foreman  or  manager, 
who  shall  knowingly  employ  or  permit  any  child  to  be  employed 
contrary  to  the  provisions  of  this   act,   in  any  factory,   workshop, 
mercantile  establishment  or  laundry,  with  which  he  is  connected,  or 
any  parent  or  guardian  who  allows  any  such  employment  of  his 
child  or  ward,  shall,  upon  conviction  of  such  offense  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars. 

But  nothing  in  this  act  shall  prevent  a  parent  from  working 
his  or  her  child  in  any  factory,  workshop,  mercantile  establishment 
or  laundry,  or  other  place  owned  or  operated  by  said  parent,  nor 
apply  to  persons  employed  in  factories  engaged  exclusively  in  pack- 
ing fruits  and  vegetables  between  July  first  and  November  first  of 
each  year. 

Any  employment  contrary  to  the  provisions  of  this  act  shall 
be  prim  a  facie  evidence  of  guilt,  both  as  to  the  employer  and  the 
parent  or  guardian  of  the  child  so  employed ;  provided,  further,  that 
nothing  contained  in  this  act  shall  apply  to  mercantile  establish- 
ments in  towns  of  less  than  two  thousand  inhabitants  or  in  country 
districts.  Provided,  however,  that  upon  petition  of  the  parent, 
guardian,  or  other  person  interested  in  such  child,  to  the  circuit  or 
corporation  court,  the  court  may  for  good  cause  shown  entered  of 
record  release  any  child,  between  the  ages  of  twelve  and  fourteen 
years,  or  the  parent  or  guardian  of  such  child  from  the  operation  of 
this  act  (Acts  1914,  page  671) 

156.  Fire  escapes  from  buildings  of  over  three  stories. — It  shall 
be  the  duty  of  the  owner  or  owners  of  all  factories,  workshops,  hotels, 
school  buildings,  and  hospitals  in  this  State  of  over  three  stories 
in  height,  theatres  and  public  places  of  amusement,  to  provide  for 
the  safe  exit  of  the  occupants  thereof  in  case  of  fire  by  the  erec- 
tion or  construction  of  fire  escapes  of  the  most  approved  modern 
design.  The  character  and  design  of  said  fire  escapes  shall,  in 
cities  and  towns,  be  selected  by  the  council  of  said  cities  and 
towns;  and  where  the  buildings  are  not  located  in  cities  and  towns 
by  the  board  of  supervisors  of  the  county.  Any  owner  or  owners 


132  Virginia  School  Laws 


of  such  buildings  shall  have  the  right  to  require  the  council  of  the 
city  or  town  in  which  said  buildings  are  located,  or  in  the 
counties  the  board  designated  by  this  act,  to  make  such  selection  of 
said  fire  escapes  as  is  provided  by  this  act;  and  in  case  of  their  fail- 
ure or  refusal  they  shall  be  compellable  by  mandamus. 

Any  owner  or  owners  of  such  buildings  who  shall  fail  to  comply 
with  the  first  section  of  this  act  by  the  first  day  of  January,  eighteen 
hundred  and  ninety-one,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars  for  each  month  they  shall  fail 
to  provide  such  fire  escapes.  (Code,  Sec.  1067a) 

157.  Governor  to  designate   arbor  day. — The   Governor   shall 
annually,  in  the  spring,  designate  by  official  proclamation  a  day  to 
be  designated  as  "arbor  day,"  to  be  observed  throughout  the  State 
as  a  day  of  planting  of  trees,  shrubs,  and  vines  about  the  houses  and 
along  the  highways,  and  about  public  grounds  in  this  State,  thus 
contributing  to  the  wealth,  comfort,  and  attractions  of  the  State. 
(Code,  Sec.  222b) 

158.  Injuries  to  public  buildings,  etc.;  how  punished. — If  any 
person  wdlfully  and  maliciously  break  any  window  or  door  of  the 
capitol,   or   in   any  court-house,   house   of  public   worship,    college, 
school-house,  city  or  town  hall,  or  other  public  building,  or  wilfully 
and  maliciously  injure  or  deface  the  capitol,  or  any  statuary  in  the 
capitol  or  on  the  Capitol  Square,  or  in  any  other  public  buildings, 
or  on  any  public  grounds,   or  wilfully  and  maliciously  injure  or 
deface  any  court-house,  house    of    public    worship,  or  city  or  town 
hall,  or  other  public  building,  or  wilfully  and  maliciously  destroy 
or  carry  away  furniture  belonging  to  or  in  either  of  the  said  build- 
ings, he  shall  be  fined  not  exceeding  three  hundred  dollars,  or  con- 
fined in  jail  not  exceeding  sixty  days,  or  both.     (Code,  Sec.  3731) 

159.  To  protect  schools,  literary  societies,  etc. — If  any  person 
wilfully    interrupt,    molest,    or   disturb    any   school    exercises,    free 
school  or  other  school,  literary  society,   or,   being  intoxicated,   dis- 
turb the  same,  whether  wilfully  or  not,  he  shall  be  guilty  of  a  mis- 
demeanor and  fined  not  less  than  ten  nor  more  than  fifty  dollars, 
or  at  the  discretion  of  the  court  be  confined  in  the  jail  of  the  county 
not  more  than  thirty  days,  in  addition  to  said  fine.     A  justice  of  the 
peace  or  police  justice  may  try  and  determine  these  cases.     (Code, 
Sec.  3S05b) 

160.  Burning  meeting-li-ouse,  court-house,  college,  school-house, 


Public  Free  School  Law  133 

and  so  forth,  how  punished. — If  any  person  maliciously  burn  any 
meeting-house,  court-house,  town-house,  college,  academy,  school- 
house,  or  other  building  erected  for  public  use  (except  a  jail  or 
prison),  or  any  banking-house,  warehouse,  storehouse,  manufac- 
tory, or  mill  of  another  person,  not  usually  occupied  by  persona 
lodging  therein  at  night,  or  if  he  maliciously  set  fire  to  anything 
by  the  burning  whereof  any  building  mentioned  in  this  section  shall 
be  burnt,  he  shall  be  confined  in  the  penitentiary,  when  such  build- 
ing, with  the  property  therein,  is  of  the  value  of  one  thousand 
dollars,  not  less  than  three  nor  more  than  ten  years;  and  when  it 
is  of  less  value,  not  less  than  three  nor  more  than  five  years.  (Code,. 
Sec.  3697) 

161.  William  and  Mary  College;  State  students. — The  board 
of  visitors  shall  prescribe  rules  for  the  examination,  and  admission 
of  the  pupils  applying  for  normal  instruction,   and  shall  require 
each  pupil  to  give  satisfactory  assurance  of  his  intention  and  will- 
ingness to  teach  in  the  public  schools  of  the  State  for  at  least  two 
years  after  leaving  said  institution,   and  each  of  said  pupils  shall 
have,  free    of    charge    for   tuition,  the    privileges    of   the  collegiate 
course. 

Each  county  and  city  in  the  State  shall  be  entitled  to  one  pupil, 
who  shall  be  nominated  by  the  division  superintendent  of  schools, 
and  if  any  vacancy  occurs  it  shall  be  filled  from  the  State  at  large 
by  the  board  of  visitors,  and  each  county  and  city  in  the  State  shall 
also  be  entitled  to  one  additional  pupil  for  each  additional  repre- 
sentative in  the  house  of  delegates  above  one,  to  be  appointed  in  a 
similar  manner.  The  said  pupils  so  appointed  shall  be  exempt  from 
tuition  fees,  and  the  charge  for  their  board,  washing,  lights  and 
fuel  shall  not  exceed  the  sum  of  twelve  dollars  per  month.  (Acts 
1906,  p.  95,  Sees.  5  and  6) 

162.  Number  of  pupils  each  county  and  city  may  send  free  to 
the  State  Normal  School  for  Women  at  Farmville. — Each  city  and 
county  in  the  State  shall  be  entitled  to  one  pupil,  and  one  for  each 
additional  representative  in  the  house  of  delegates  above  one,  who^ 
shall   receive    gratuitous   instruction.      The    beard    shall    prescribe 
rules  for  the  selection  of  such  pupils  and  for  their  examination,  and 
shall  require  each  pupil  selected  to  give  satisfactory  evidence  of  an 
intention  to  teach  in  the  public  schools  of  the  State  for  at  least  two 
years  after  leaving  the  said  school.      (Code,  Sec.  1611) 

163.  Number  of  pupils  each   county  and  city  may  send  free- 


134  Virginia  School  Laws 

to  the  State  Normal  Schools  for  Women  at  Harrisohburg  and  Fred- 
ericksburg. — Each  county  and  city  in  the  State  shall  be  entitled 
to  one  pupil  in  each  of  said  schools,  who  shall  be  nominated 
by  the  division  superintendent  of  schools,  and  if  any  vacancy  occur 
shall  be  filled  by  a  like  nomination,  and  each  county  and  city  in  the 
State  shall  be  entitled  to  one  additional  pupil  in  each  school  for 
each  additional  representative  in  the  house  of  delegates  above  one, 
to  be  nominated  in  a  similar  manner:  provided,  that  the  board  of 
trustees  may  increase  the  number  of  pupils,  if  they  deem  it  expedi- 
ent, said  pupils  to  be  selected  as  above.  The  said  pupils  so  appointed 
shall  be  exempt  from  the  charge  of  tuition.  The  board  of  trustees 
shall  prescribe  rules  for  the  selection  of  said  pupils,  their  examina- 
tion, and  shall  require  of  each  pupil  selected  satisfactory  evidence 
of  an  intention  to  teach  in  the  public  schools  of  this  State  for  at  least 
four  years  after  leaving  the  said  normal  schools.  (Acts  of  1908, 
chapter  284,  page  428) 

164.  Number  of  pupils  each  county  and  city  may  send  free  to 
the  State  Normal  School  for  Women  at  Radford. — Each  county 
and  city,  in  the  State  shall  be  entitled  to  one  pupil  in  the  said  school, 
who  shall  be  nominated  by  the  division  superintendent  of  schools, 
and  if  any  vacancy  occur  shall  be  filled  by  a  like  nomination,  and 
each  county  and  city  in  the  State  shall  be  entitled  to  one  additional 
pupil  for  each  additional  representative  in  the  house  of  delegates 
above  one,  to  be  nominated  in  a  similar  manner :  provided,  that  the 
board  of  trustees  may  increase  the  number  of  pupils  if  they  deem  it 
expedient,  said  pupils  to  be  selected  as  above.     The  said  pupils  so 
appointed  shall  be  exempt  from  the  charge  of  tuition.     The  board  of 
trustees  shall  prescribe  rules  for  the  selection  of  said  pupils,  their 
examination,'  and  shall  require  of  each  pupil  selected  satisfactory 
evidence  of  an  intention  to  teach  in  the  public  schools  of  this  State 
for  at  least  four  years  after  leaving  said  normal  school.      (Acts  of 
1910,  chapter  120,  page  176) 

165.  University  of  Virginia;  State  students  admitted  free  of 
tuition,  efc.— The  sum  of  forty  thousand  dollars*  for  the  support  of 
the  University  shall  be  paid  annually   out    of    any   money    in    the 
public  treasury  not  otherwise  appropriated.     But  this  appropriation 

*Note. — This  amount  increased  to  eighty  thousand  dollars  on  condition 
that  the  "University  fee"  to  Virginia  students  in  the  academic  department 
not  to  exceed  ten  dollars.  (Acts  1914,  pages  333  and  357) 


Public  Free  School  Law  135 

is  011  condition  that  the  said  institution  shall  give  instruction  to  all 
white  students  of  the  State  of  Virginia  over  the  age  of  sixteen 
years,  who  shall  be  matriculated  under  rules  and  regulations  pre- 
scribed by  the  board  of  visitors,  without  charge  for  tuition  in  the 
academic  department,  consisting  of  the  following  schools,  to-wit: 
The  schools  of  Latin,  Greek,  modern  languages,  pure  mathematics, 
moral  philosophy,  natural  philosophy,  historical  science,  agriculture, 
zoology  and  botany,  natural  history  and  geology,  general  and  in- 
dustrial chemistry,  and  English  language  and  literature;  but  no 
person  shall  be  admitted  as  a  student  free  of  charge  for  tuition 
fees,  under  the  provisions  of  this  section,  unless  the  faculty  be  sat- 
isfied, by  actual  examination  of  the  applicant,  or  by  a  certificate 
from  some  college  or  preparatory  school  that  he  has  made  such  pro- 
ficiency in  the  branch  of  study  which  he  proposes  to  pursue  as  will 
enable  him  to  avail  himself  of  the  advantages  afforded  by  the  Uni- 
versity. (Code,  Sec.  1554) 

166.  Virginia  Military  Institute;  State  cadets  admitted  free  of 
board  and  tuition. — The  board  shall  admit  as  State  cadets,  free  of 
charge  for  board  and  tuition,  upon  evidence  of  fair  moral  char- 
acter, not  less  than  fifty  young  men,  who  shall  be  not  less  than  six- 
teen nor  more  than  twenty-five  years  of  age,  one  of  whom  shall  be 
selected  from  each  of  the  senatorial  districts  as  at  present  constituted, 
and  the  other  eleven  from  the  State  at  large.     Whenever  a  vacancy 
has  occurred,  or  is  likely  to  occur  in  any  district,  due  notice  of  the 
time  and  place  of  making  the  appointment  to  supply  the  vacancy 
shall  be  given.     If,  after  such  notice,  no  suitable  person  shall  apply 
from  such  district,  the  vacancy  may  be  supplied  from  the  State  at 
large.     (Code,  Sec.  1575) 

167.  State  cadets  to  act  as  teachers. — Every  cadet  received  on 
State  account,  and  who  shall  have  remained  in  the  institute  during 
the  period  of  two  years  or  more,  shall  act  in  the  capacity  of  teacher 
in  some  school  in  this  State  for  two  years  after  leaving  the  institute, 
and  such  cadet  shall  be  required  to  discharge  said  obligation  as 
teacher  within  the  three  years  immediately  after  leaving  the  institu- 
tion, and  said  cadet  shall  report  in  writing  to  the  superintendent  of 
the  institute  on  or  before  the  first  day  of  June  of  each  year  suc- 
ceeding the  date  of  his  leaving  the  institution  until  he  shall  have 
discharged  fully  said  obligations  to  the  Commonwealth;  or,  at  his 
option,  he  may  serve  an  enlistment  in  the  national  guard  of  the 
State,  or  serve  for  a  period  of  two  years  as  an  engineer  on  the 


136  Virginia  School  Laws 

State  highway  commission;  and  every  cadet  so  received  on  State 
account  in  said  institute  on  reporting  for  duty  and  matriculation 
shall  be  required  to  enter  into  a  bond,  payable  to  the  Virginia 
Military  Institute,  in  a  sum  sufficient  to  cover  the  board  and 
tuition  that  may  be  expended  in  his  behalf  as  such  State  cadet; 
and  unless  the  said  cadet  shall  fulfill  his  said  obligation  as  afore- 
said, he  shall  be  deemed  to  have  violated  his  contract,  and  au- 
thority is  hereby  given  to  the  institution  to  proceed  by  law  for 
the  collection  from  said  cadet  of  such  amount  as  may  be  necessary 
to  cover  so  much  of  his  board  and  tuition  as  may  proportionately  be 
due  from  his  failure  to  teach  the  whole  or  any  part  of  the  said  two 
years,  or  to  serve  in  the  national  guards  or  as  an  engineer  on  the 
public  roads  of  Virginia;  and  no  cadet  executing  such  bond  shall 
be  permitted  to  plead  infancy  or  the  statute  of  limitation  in  bar  of 
recovery  of  such  debt;  provided,  the  board  of  visitors  may  excuse 
said  cadet  from  any  one  of  these  obligations  in  such  cases  as  they 
may  deem  right  and  proper;  and  provided  further,  if  said  cadet 
shall  discharge  any  one  of  these  obligations  within  the  time  pre- 
scribed, he  shall  be  deemed  to  have  fulfilled  his  obligation  to  the 
State  imposed  by  this  section.  (Code,  Sec.  1582;  Acts  1912,  page 
161) 

168.  Students  who  may  attend  the  Virginia  Agricultural  and 
Mechanical  College  and  Polytechnic  Institute  free  of  charge. — A 
number  of  students  equal  to  four  times  the  number  of  members  of 
the  house  of  delegates,  to  be  apportioned  in  the  same  manner,  shall 
have  the  privilege   of   attending   said   college  without   charge   for 
tuition,  use  of    laboratories  or  public  buildings,  to  be  selected  by 
the  school  trustees  of  the  respective  counties,   cities,   and  election 
districts  for  said  delegates,  with  reference  to  the  highest  proficiency 
and  good  character,  from  the  white  male  students  of  the  free  schools 
of  their  respective  counties,  cities,  and  election  districts,  or  in  their 
discretion,  from  others  than  those  attending  said  free  schools.  (Code, 
Sec.  158Y) 

169.  How  long  students  may  attend  free  of  charge. — The  said 
students  privileged  to  attend  the  college  [Virginia  Agricultural  and 
Mechanical  College  and  Polytechnic  Institute]   without  charge  for 
tuition,  use  of  laboratories,  or  public  buildings,  shall  continue  to  be 
selected  for  a  period  of  two  years :  provided,  that  on  the  recommenda- 
tion of  the  faculty  of  the  said  college,  for  more  than  ordinary  dili- 
gence and  proficiency,  any  student  so  selected  may  be  continued  by 
the  said  board  of  visitors  for  a  longer  period.     (Code,  Sec.  1590) 


Public  Free  School  Law  137 

170.  Virginia  Normal  and  Industrial  Institute. — First.  There 
shall  be  admitted  into  the  institute,  free  of  charge  for  tuition,  use  of 
laboratory  or  public  buildings,  and  upon  such  terms  as  to  board  and 
other  expenditures  as  the  board  of  visitors  may  prescribe,  a  number 
of  colored  students  equal  to  twice  the  number  of  members  of  the 
house  of  delegates,  to  be  apportioned  in  the  same  manner.  Such 
students  shall  be  designated  as  State  students,  and  shall  not  be  less 
than  fifteen  years  of  age,  and  shall  be  selected  by  the  superinten- 
dents of  schools  for  the  respective  counties  and  cities  from  the  col- 
ored pupils  of  either  sex  attending  the  free  schools,  or  in  their  dis- 
cretion from  others  than  those  attending  said  free  schools.  Supe- 
rior proficiency  in  study  and  good  moral  character  shall  be  duly  re- 
garded in  the  selections. 

Second.  Due  notice  shall  be  given  by  the  president  of  said  in- 
stitute to  the  county  and  city  superintendents  of  schools  of  all 
vacancies  existing,  or  likely  to  occur,  in  said  institute  in  the  case 
of  State  students;  whereupon  said  county  or  city  superintendents 
of  schbols  shall  proceed  to  fill  said  vacancy  and  officially  notify 
the  president  of  said  institute  of  said  appointment.  If,  in  due 
time  after  such  notice,  no  appointment  be  made,  the  vacancy  indi- 
cated may  be  filled  by  the  board  of  visitors  from  the  State  at  large: 
provided,  that  any  State  student,  as  a  condition  precedent  to  ad- 
mission into  said  institute,  shall  enter  into  a  written  contract  with 
said  board  of  visitors  to  engage  in  teaching  school  or  other  edu- 
cational work  for  not  less  than  two  years;  but  said  student,  by  this 
section,  shall  not  be  deprived  of  any  compensation  which  he  may  be 
able  to  obtain  for  teaching  or  other  educational  work.  Should  any 
such  State  student  fail  to  comply  with  the  contract  herein  specified, 
he  may  be  relieved  therefrom  by  the  payment  in  cash  of  one-half  of 
the  tuition  and  other  fees  remitted  to  him  while  he  or  she  was  a 
student  of  said  institute. 

Third.  The  president,  professors  and  teachers  of  the  Virginia 
Normal  and  Industrial  Institute  shall  be  required,  during  each  and 
every  year,  to  conduct  a  summer  normal  school  for  the  benefit  of  the 
colored  teachers  of  the  public  schools  of  this  State  and  those  who 
expect  to  become  teachers  in  the  public  schools ;  said  summer  normal 
school  shall  begin  on  a  day  to  be  designated  by  the  board  of  visitors, 
not  later  than  the  first  day  of  July,  and  to  continue  for  a  term 
of  four  weeks.  In  said  summer  school  shall  be  taught  such  branch- 


138  Virginia  School  Laws 


es  as  relate  to  the  academic    and    professional    improvement    of 
teachers. 

Fourth.  While  in  attendance  upon  said  summer  normal  school 
the  teachers  may  occupy  the  institute  buildings,  and  be  furnished 
such  accommodations  as  to  board  in  the  like  manner  as  are  the  regu- 
lar students  of  the  institute.  They  shall  be  subject  to  such  rules 
and  regulations  as  to  government  and  discipline  as  shall  be  approved 
by  the  board  of  visitors.  The  charge  for  board  and  lodging  to  each 
teacher  shall  not  exceed  two  dollars  per  week.  All  regular  employees 
of  said  institute  shall  perform  such  service  during  the  summer  nor- 
mal term  as  the  authorities  of  the  institute  may  require.  (Code, 
Sec.  1613,  subsections  8,  9,  15  and  18) 

171.  Supervision  of  Virginia  Normal  and  Industrial  Institute 
by  Board  of  Education. — The  institute  and  board  of  visitors  shall 
be  under  the  supervision  and  control  of  the  Board  of  Education ;  and 
no  action  of  said  board  of  visitors  shall  be  valid  if  disapproved  by 
the  Board  of  Education.     (Code,  Sec.  1635) 

172.  Selection  of  students  of  Hampton  Normal  and  'Agricul- 
tural Institute. — The  trustees  of  said  institute  may  select  not  less 
than  one  hundred  students,  with  reference  to  their  character  and  pro- 
ficiency, from  the  colored  free  schools  of  the  State,  who  shall  have  the 
privilege  of  attending  the  said  institute  on  the  same  terms  that  State 
students  are  allowed  to  attend  the  agricultural  and  mechanical  col- 
lege under  section  fifteen  hundred  and  ninety  [section  169  of  school 
law].     (Code,  Sec.  1603) 

173.  Duties  of  president  or  chairman  of  board  of  visitors  or 
trustees  of  State  institutions. — It  shall  be  the  duty  of  the  president 
or  chairman  of  the  board  of  visitors  or  trustees  of  every  State  in- 
stitution which  is  educational  in  its  character  to  cause  to  be  made 
out  by  the  superintendent,  president,  principal,  or  other  proper  of- 
ficer of  such  institution,  and  forwarded  to  the  office  of  the  Superin- 
tendent of  Public  Instruction,  on  or  before  the  first  day  of  October 
of  each  year,  a  report  for  the  year  ending  the  thirtieth  of  June  pre- 
ceding.    Said  report  shall  set  forth  the  condition  and  progress  of 
said  institutions,  the  number  of  professors,  assistant  teachers,  and 
other  officers,  and  the  compensation  of  each;    the    whole    number 
of  students  in  attendance;  the  course  of  instruction,  academic,  pro- 
fessional, or  technical:  the  means  and  methods  of  instruction;  the 
number  of  students  in  the  different  classes ;  the  terms  of  tuition ;  the 
number   of   students   admitted   free    of    charge    for    tuition ;     the 


Public  Free  School  Law         •  139 

kind  and  amount  of  all  funds  and  endowments  yielding  an  income ; 
the  annual  income  from  all  sources,  and  the  items  thereof;  the 
amount  of  expenditures,  and  the  items  thereof;  and  such  other  in- 
formation as  may  be  deemed  necessary  to  a  full  exhibit  of  the 
affairs  .  and  conditions  of  said  institutions.  Said  reports  shall  be 
embodied  in  the  annual  report  of  the  Superintendent  of  Public 
Instruction  to  the  Board  of  Education,  to  be  by  the  president  of -said 
board  laid  before  the  General  Assembly  of  Virginia.  All  acts  and 
parts  of  acts  requiring  reports  of  said  institutions  to  be  made  other- 
wise than  as  specified  in  this  act  are  hereby  repealed.  (Code,  Sec. 
1637) 

174.  Penalty  if  report  not  made. — If  no  such  report  is  made 
from  any  college  or  academy  which  receives  any  portion  of  the  rev- 
enue of  the  literary  fund^  or  to  which  any  loan  has  been  made  out 
of  the  said  fund,  the  Second  Auditor  shall  withhold  (until  the  report 
is  made)  the  payment  of  such  portion  of  the  literary  fund  or  proceed 
to  enforce  payment  of  the  said  loan.     (Code,  Sec.  1638) 

175.  Authorizing    the    borrowing    of    money    and    issuing    of 
bonds  therefor  by  the  towns  in  this  Commonwealth,  etc. — Any  town 
of  this  Commonwealth,  for  any  one  or  more  of  the  following  pur- 
poses, namely :     To  provide  for  a  water  supply,  water  works,  a  suit- 
able equipment  against  fire,   or  for  erecting  or  improving  school 
buildings,  grading,  paving,  repaving,  curbing,  or  otherwise  improv- 
ing any  one  or  more  of  the  streets  or  alleys,  or  widening  existing 
ones,   in  such  town,  or  for  locating,   instituting  and  maintaining 
sewers  and  culverts  in  and  along  any  of  such  streets,  avenues  or  al- 
leys, or  any  part  thereof,  should  the  voters  thereof  so  elect,  in  the 
manner  prescribed  by  an  act  of  the  General  Assembly  of  Virginia 
approved  April  twenty-seventh,  nineteen  hundred  and  three,  entitled 
"an  act  to  provide  for  holding  the  elections  in  towns  upon  questions 
of  bond  issue,"  and  chapter  three  hundred  and  twenty-four  of  the 
Acts   of   the   General   Assembly   of   Virginia,  approved  November 
twenty-fifth,  nineteen  hundred  and  three,  amending  and  re-enacting 
section   nine   of   the   act    aforesaid,  is   hereby    authorized  and  em- 
powered to  borrow  money  in  such  sum  or  sums,  not  exceeding  in  the 
aggregate   eighteen   per   centum   of   the   assessed   valuation   of  the 
real  estate  in  the  town  subject    to   taxation,  as    shown   by  the  last 
preceding  assessment   for  taxes,  upon   the   faith,  credit    and    prop- 
erty thereof,  and    to    issue   bonds    therefor,  signed    by    the  mayor 
and  attested  by    the    clerk    or    recorder:  but  provided,  that    such 


140  Virginia  School  Laws 

bonds  shall  not  be  sold  at  less  than  their  par  value  and  bear 
interest  at  a  rate  not  exceeding  six  per  centum  per  annum,  and 
shall  become  due  and  payable  within  thirty-five  years  from  the  date 
of  issue.  The  council  of  any  town  proceeding  hereunder  shall  make 
proper  provision  for  the  payment  of  the  annual  interst  upon  such 
bonds  as  may  be  issued  under  this  act,  and  sh.all  provide  a  sinking 
fund  for  the  redemption  thereof  at  maturity;  the  coupons  thereof 
shall  be  receivable  for  town  taxes.  (Acts  1906,  page  235) 

176.  How  elections  for  free  school  purposes  held  and  results 
determined. — All  officers  who,  under  the  general  laws,  are  charged 
with  the  conduct  of  elections  and  the  determination  of  the  results 
thereof,  shall  render  official  service  in  the  matter  of  votes  ordered 
for  public  free  school  purposes  under  such  regulations  as  shall  be 
prescribed  by  the  Board  of  Education.     But  all  elections  for  public 
free  school  purposes  shall  be  held  after  notice  thereof  given  accord- 
ing to  section  one  hundred  and  fifteen.     (Code,  Sec.  101) 

177.  When  special  election  ordered  ~by  Governor,  et  cetera;  how 
writ  issued  and  notice  given. — Whenever  a  special  election  is  or- 
dered by  the  Governor,  Speaker  of  the  House,  or  President  of  the 
Senate,  it  shall  be  his  duty  to  issue  a  writ  of  election,  designating 
the  office  to  be  filled  at  such  election  and  the  time  such  election  is 
to  be  held,  and  transmit  the  same  to  the  sheriff  of  the  county  and 
the  sergeant  of  the  corporation  in  which  such  election  is  to  be  held, 
to  be  by  such  sheriff  or  sergeant  published  by  posting  a  copy  thereof 
at  each  voting  place  in  his  county  or  corporation  at  least  ten  days 
before  such  election.     (Code,  Sec.  115) 

178.  Joint    resolution     setting   apart    the   birthday    of  Jef- 
ferson  Davis   as   a  day  of  recreation  in  the  public  schools,  etc. — 
Whereas  Jefferson  Davis,  president  of  the  late  Confederate  States 
of  America,  was  born  on  the  3d  day  of  June.,  eighteen  hundred  and 
eight,  and  in  order  to  commemorate  his  distinguished  services  as  a 
patriot,  Christian,  and   champion   of   constitutional  liberty,  and   at 
the  earnest  request  of  Richmond   Chapter,  Richmond,  the   Seven- 
teenth   Virginia    Regiment    Chapter,  Alexandria,  and    other    chap- 
ters of  the    United    Daughters    of    the  Confederacy  in  the  State; 
therefore, 

Be  it  resolved  by  the  General  Assembly  of  Virginia,  as  a  mark 
of  perpetual  respect  and  remembrance  of  the  said  Jefferson  Davis, 
and  of  the  distinguished  services  rendered  by  him,  That  the  third 
day  of  June  in  each  year  be,  and  the  same  is  hereby,  set  apart  as1 


Public  Free  School  Law  141 

a  day  of  recreation  in  the  public  schools  of  the  Commonwealth, 
and  that  the  public  offices  of  the  State  be  closed  after  twelve 
o'clock  meridian  of  each  recurrence  of  said  day,  and  that  the  flag 
of  the  State  be  hoisted  over  the  capitol  building.  (Acts  1899-1900, 
page  1374) 

179.  To  establish  a  public  free  school  on  the  grounds  of  the 
Prison  Association  of  Virginia  at  Laurel,  Henrico  county. — 1.  A 
public  free  school  shall  be  established  on  the  grounds  of  the  Prison 
Association  of  Virginia  at  Laurel,  Henrico  county,  for  the  exclusive 
benefit  and  use  of  the  boys  and  youths  confined  in  the  institution  at 
that  place,  known  as  the  Laurel  Reformatory. 

2.  Said  school  shall  be  under  the  control  of  the  State  Board  of 
Education,  except  that  the  discipline  of  the  scholars  shall  be  un- 
der the  control  of  the  said  prison  association.     Said  scholars  shall 
attend  said  school  at  least  three  hours  a  day,  Saturdays  and  Sun- 
days excepted.     Said  association  may  permit  any  scholar  to  attend 
for  a  greater  period  than  three  hours  per  day,  but  nothing  herein 
shall  be  construed  to  take  away  from  said  association  any  authority 
or  control  over  the  boys  and  youths  under  its  control  except  as  above 
stated. 

3.  The  sum  of  twenty-five  hundred  dollars  is  hereby  appropri- 
ated, out  of  any  money  in  the  treasury  not  otherwise  appropriated, 
for  the  erection  and  equipment  of  the  said  school-house,  and  the 
Auditor  of  Public  Accounts  is  directed  to  pay  said  amount  to  the 
directors  of  said  association,  the  same  to  be  expended  under  the 
direction  of  the  said  State  Board  of  Education. 

The  sum  of  one  thousand  dollars  per  annum  is  also  hereby 
appropriated  out  of  the  school  funds  of  this  State  for  the  mainte- 
nance of  said  school,  the  same  to  be  applied  to  the  payment  of 
teachers,  said  money  to  be  set  apart  as  other  money  for  the  sup- 
port of  public  free  schools  is  set  apart,  except  that  it  shall  be  re- 
ceived and  paid  out  by  said  State  Board  of  Education.  (Acts  1908, 
page  688) 

180.  To  establish  a  public  free  school  on  the  grounds  of  the 
Negro  Reformatory  Association  of  Virginia  in  Hanover  county.— 
1.  A  public  school  shall  be  established  on  the  grounds  of  the  Negro 
Reformatory  Association  of  Virginia  in  Hanover  county,,  for  the 
exclusive  benefit  and  use  of  the  boys  and  youths  confined  in  the  insti- 
tution at  that  place,  known  as  the  Negro  Reformatory  Association 
of  Virginia. 


142  Virginia  School  Laws 

2.  Said  school  shall  be  under  the  control  of  the  State  Board  of 
Education,  except  that  the  discipline  of  the  pupils  shall  be  under 
the  control  of  the  said  Negro  Reformatory  Association.     Said  pupils 
shall  attend 'said  school  at  least  three  hours  a  day,  Saturdays  and 
Sundays  excepted.     Said  association  may  permit  any  pupil  to  at- 
tend for  a  greater  period  than  three  hours  per  day,  but  nothing 
herein  shall  be  construed  to  take  away  from  said  association  any 
authority  or  control  over  the  boys  and  youths  under  its  control  ex- 
cept as  above  stated. 

3.  The  sum  of  six  hundred  dollars  per  annum  is  hereby  ap- 
propriated out  of  the  school  funds  of  this  State  for  the  mainte- 
nance of  said  school,   the  same  to  be  applied  to  the  payment  of 
teachers,  the  said  money  to  be  set  apart  as  other  money  for  the 
support  of  public  free  schools  is  set  apart,  except  that  it  shall  be 
received  and  paid  out  by  said  State  Board  of  Education.      (Acts 
1910,  p.  327.) 

181.  An  act  to  repeal  an  act  of  the  General  Assembly  of  Vir- 
ginia, approved  March  17,  1910,  entitled  an  act  to  constitute  a 
united  agricultural  board  to  co-ordinate  the  Virginia  College  of 
Agriculture  and  Polytechnic  Institute  and  the  Virginia  Agricul- 
tural Experiment  Station,  the  Commissioner  and  the  State  Board 
of  Agriculture  and  the  State  Board  of  Education,  in  co-operation 
with  the  United  States  Department  of  Agriculture,  for  the  better- 
ment of  agricultural  experimental  and  demonstration  work,  and 
generally  to  advance  the  agricultural  interests  of  this  State,  and  to 
authorize  the  boards  of  supervisors  to  appropriate  county  funds  for 
experimental  and  demonstration  work  in  their  respective  counties, 
as  amended  and  re-enacted  by  an  act  approved  March  12,  1912,  and 
enacting  certain  provisions  in  lieu  thereof,  and  making  appropria- 
tions to  the  Virginia  Agricultural  and  Mechanical  College  and  Poly- 
technic Institute  for  demonstration  work,  and  to  authorize  boards 
of  supervisors  to  appropriate  county  funds  for  demonstration  work 
in  their  respective  counties,  in  co-operation  with  the  Virginia  Agri- 
cultural and  Mechanical  College  and  Polytechnic  Institute  and  the 
United  States  Department  of  Agriculture,  and  providing  for  co- 
ordination of  certain  agricultural  activities  within  the  State  of  Vir- 
ginia.— Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
an  act  entitled  an  act  to  constitute  a  united  agricultural  board  to 
co-ordinate  the  Virginia  College  of  Agriculture  and  Polytechnic 
Institute  and  the  Virginia  Agricultural  Experiment  Station,  the 


Public  Free  School  Law  143 

Commissioner  and  the  State  Board  of  Agriculture  and  the  State 
Board  of  Education,  in  co-operation  with  the  United  States  Depart- 
ment of  Agriculture  for  the  betterment  of  agricultural,  experimental 
and  demonstration  work,  and  generally  to  advance  the  agricultural 
interests  of  this  State,  and  to  authorize  the  boards  of  supervisors  to 
appropriate  county  funds  for  experimental  and  demonstration  work 
in  their  respective  counties,  as  amended  and  re-enacted  by  act  ap- 
proved March  twelfth,  nineteen  hundred  and  twelve,  be  repealed, 
and  the  following  enacted  in  lieu  thereof: 

1.  That  any  money  that  may  be  appropriated  from  the  general 
fund  for  the  purpose  of  carrying  out  this  act  shall  be  paid  to  the 
treasurer   of   Virginia   Agricultural    and   Mechanical    College   and 
Polytechnic  Institute,  to  be  paid  by  warrants  with  proper  vouchers 
attached,  signed  by  the  secretary  and  countersigned  by  the  presi- 
dent of  said  institution;  but  such  moneys  shall  be  used  and  paid 
out  only  for  the  purposes  hereinafter  provided  in  this  act.     An 
itemized  statement,  with  proper  vouchers,  for  disbursements  of  such 
funds,  shall  be  reported  to  the  Governor  each  year,  and  examined 
by  the  public  accountants  and  at  all  times  be  subject  to  the  inspec- 
tion of  the  Legislature  or  any  of  its  committees. 

2.  The  said  funds  shall  be  used  by  the  Virginia  Agricul- 
tural and  Mechanical  College  and  Polytechnic  Institute  for  the  pur- 
pose of  conducting  demonstration  work  in  the  State  of  Virginia  or 
in  the  several  counties  therein,  so  far  as  said  funds  will  permit,  as 
far   as  possible   in   connection   and   co-operation   with   the   United 
States  Department  of  Agriculture.     The  said  fund  may  be  used  in 
the  payment  of  salaries  and  necessary  traveling  expenses  and  other 
incidental  expenses  of  State,  district  or  local  or  county  agents  en- 
gaged in  the  said  co-operative  demonstration  work,  the  object  of 
which  shall  be  to  instruct  farmers  in  improved  methods  of  agri- 
culture., embracing  all  crops  made  in  the  State,  improved  methods 
of  horticulture,  stock  raising,  and  everything  for  the  advancement 
of  the  agricultural  interests  of  the  State,   by  conducting  demon- 
strations on  farms,  instructing  and  advising  farmers  on  all  tech- 
nical agricultural  subjects,  and  in  all  possible  ways  assisting  them 
by  carrying  information  from  the  agricultural  college,  the  experi- 
ment stations  and  all  other  sources  to  the  farmer. 

3.  It  shall  be  the  duty  of  the  Virginia  Agricultural  and  Me- 
chanical  College   and   Polytechnic   Institute,   in   co-operation   with 
the  United  States  Department  of  Agriculture,  to  exercise  great  care 


144  Virginia  School  Laws 

in  the  selection  of  demonstrators  or  county  agents  qualified  to  do 
the  work,  and  to  supervise  their  work  and  see  that  it  is  properly 
done  through  the  State  and  district  agents,  and  the  said  demon- 
strators or  county  agents  may  be  authorized  and  required  to  assist 
farmers  in  every  possible  way  by  teaching  and  demonstrating  to 
them  improved  agricultural  methods,  and  advising  them  on  agri- 
cultural methods,  and  all  under  such  rules  and  regulations  as  may 
be  adopted  by  the  Virginia  Agricultural  and  Mechanical  College  and 
Polytechnic  Institute  in  its  co-operative  relation  to  the  United  States 
Department  of  Agriculture.  The  said  county  agents  may  be  au- 
thorized to  conduct  boys'  demonstration  clubs  and  assist  in  the  or- 
ganization and  conducting  of  girls'  canning  clubs,  if  deemed  wise  by 
the  Virginia  Agricultural  and  Mechanical  College  and  Polytechnic 
Institute,  and  in  such  work  the  State  Board  of  Education  is  hereby 
authorized  to  make  such  co-operative  arrangements  with  the  presi- 
dent of  the  Virginia  Agricultural  and  Mechanical  College  and  Poly- 
technic Institute  as  it  may  deem  wise  for  co-ordination  of  such 
work  with  the  county  schools  of  the  State. 

4.  The  board  of  supervisors  of  the  several  counties  of  the 
State  are  hereby  authorized  and  empowered  to  appropriate  out  of 
the  county  funds  for  the  support  of  such  demonstration  work  in 
their  respective  counties  such  sums  as  the  said  boards  may  deem 
proper,  the  sums  so  appropriated  to  be  used  in  co-operation  with 
the  Virginia  Agricultural  and  Mechanical  College  and  Polytechnic 
Institute,   in  paying  the  salary  and  expenses   of  demonstrator   or 
county  agent  in  the  county;  the  appropriation  to  be  supplemented 
by  a  sum  or  sums  to  be  paid  out  of  the  funds  above  appropriated 
to  the  Virginia  Agricultural  and  Mechanical  College  and  Polytech- 
nic Institute,  and  such  funds  as  may  be  furnished  by  the  United 
States  Department  of  Agriculture,  or  which  may  be  allotted  from 
funds  under  its  control,  devoted  to  such  co-operative  work  in  the 
State  of  Virginia,  as  may  be  agreed  upon.     Any  sums  so  appro- 
priated by  any  county  shall  be  paid  out  to  the  person  selected  to 
be  the  agricultural  demonstrator  or  county  agent  in  said  county, 
in  monthly  payments,   on  vouchers  to  be   approved  by  the  State 
agent  in  charge  of  demonstration  work  in  the  State  of  Virginia, 
and  countersigned  by  the  president  of  said  institution. 

5.  The  provisions  of  this  act  are  in  anticipation  of  the  pas- 
sage of  an  act  by  the  United  States   Congress,   providing  money 
for  work  of  similar  character  within  the  several   States,   through 


Public  Free  School  Law  145 

the  agricultural  colleges  receiving  the  benefit  of  the  land  grant,  and 
upon  the  passage  of  any  such  act  requiring  the  States  to  make  an 
equal  appropriation,  the  appropriations  hereby  made  are  declared 
to  l)e  an  acceptance  of  the  provisions  of  said  act  and  the  appro- 
priation of  money  on  the  part  of  the  Commonweal th  of  Virginia 
to  meet  funds  allotted  to  this  State  from  any  such  appropriation. 

6.  The  Governor  of  the  State  of  Virginia  is  hereby  authorized, 
at  his  discretion,  to  call  together  for  conference,  the  president  of 
the  Virginia  Agricultural  and  Mechanical  College  and  Polytechnic 
Institute,  the  State  Commissioner  of  Agriculture,  the  president  of 
the  State  Board  of  Agriculture,  the  State  Superintendent  of  Public 
Instruction,  the  director  of  the  Experiment  Station  at  the  Virginia 
Agricultural  nnd  .Mechanical  College  and  Polytechnic  Institute,  and 
the  State  agent  in  charge  of  the  farm  demonstration  work,  as  out- 
lined in  this  bill,  and  he  may  also  request  the  attendance  of  such 
officers  of  the  United  States  Department  of  Agriculture  as  may  be 
particularly  interested  in  the  agriculture  of  the  State  of  Virginia. 
At  such  conference  the  various  forces  may  consider  how  their  activi- 
ties may  be  co-ordinated  so  as  to  avoid  duplication,  and  how  each 
may  assist  the  other  in  field  work  so  as  to  bring  the  best  possible 
results.     Each  of  the  organizations  represented  is  hereby  authorized 
to  enter  into  proper  co-operative  relationships  with  other  agricul- 
tural activities  within  the  State  of  Virginia  as  they  deem  best.     At 
such  conferences  the  Governor  shall  preside.     The  object  of  such 
conference  shall  be  a  united  co-operative  effort  for  the  betterment 
of  agricultural  conditions  in  the  State  of  Virginia. 

7.  Any  balance  in  the  hands  or  under  the  control  of  the  united 
agricultural  board,  when  this  act  shall  take  effect,  shall  pass  to  the 
credit  of  the  Virginia  Agricultural   and   Mechanical   College   and 
Polytechnic  Institute  and  be  disbursed  as  required  by  this  act.    (Acts 
1914,  pege  710) 

182.  Authorizing  the  board  of  supervisors  of  any  county  to 
contribute  and  expend  a  sum  of  money  for  the  purpose  of  promoting 
agriculture  in  said  county. — The  board  of  supervisors  of  any  county 
in  this  State  are  hereby  empowered,  in  their  discretion,  out  of  the 
general  county  levy  of  said  county,  to  apply  and  expend  annually 
a  sum  not  exceeding  one  thousand  dollars  in  each  year  for  the  pur- 
pose of  promoting  agriculture  in  said  county.     (Acts  1910,  p.  502 ; 
Acts  1912,  p.  653) 

183.  Extracts  from   chapter  237  of  Acts  of  Assembly,  1912, 


146  Virginia  School  Laws 

regulating  Ihe  practice  of  medicine  and  surgery.  Preliminary 
general  education  required  of  applicants  must  meet  requirements 
of  State  Board  of  Education,  et  cetera. — Board  of  medical  exam- 
iners.— A  board,  to  be  known  as  the  board  of  medical  examiners  for 
the  State  of  Virginia,  is  hereby  established,  which  shall  consist  of 
one  member  from  each  congressional  district  in  this  State,  and  in 
addition  five  from  the  State  at  large,  two  of  whom  shall  be  homoeo- 
pathic physicians;  provided,  however,  that  on  April  first,  nineteen 
hundred  and  fourteen,  the  board  shall  consist  of  one  regular  phy- 
sician from  each  congressional  district,  and  one  homoeopath  and 
one  osteopath  from  the  State  at  large.  The  term  of  office  of  the 
members  of  said  board  shall  be  four  years,  or  until  their  successors 
are  appointed  and  qualify,  and  they  shall  be  men  learned  in  medicine 
and  legal  and  active  practitioners  in  the  State  of  Virginia. 

4.  Preservation  of  records. — The  board  shall  preserve  a  record 
of  its  proceedings  in  a  book  kept  for  that  purpose,  which  shall 
show  the  name,  age,  place  and  duration  of  residence  therein  of 
each  applicant  for  a  license,  the  time  spent  in  medical  study  in 
respective  medical  schools,  and  the  year  and  school  from  which 
degrees  were  granted;  said  record  shall  also  show  whether  appli- 
cants were  granted  a  certificate  or  rejected,  and  shall  be  prima  facie 
evidence  of  all  matters  contained  therein.  The  secretary  of  the 
board  shall,  on  the  first  day  of  March  of  each  year,  transmit  a  copy 
of  said  record,  together  with  a  photograph  of  each  license  to  the 
superintendent  of  the  Board  of  Education  of  the  State  of  Virginia 
for  permanent  record,  and  certified  copies  of  the  said  record,  under 
the  hand  and  seal  of  the  secretary  of  the  board  or  of  said  superin- 
tendent, shall  be  admissible  as  evidence  in  all  courts  of  this  State. 

8.  Admission  to  examination;  power  of  board. — All  appli- 
cants for  certificates  to  practice  medicine  in  this  State  after  the 
passage  of  this  act,  must  successfully  pass  an  examination  before 
the  board  of  medical  examiners  established  by  this  act.  The  said 
board  shall  admit  to  examination  any  candidate  who  pays  a  fee  of 
twenty-five  dollars,  and  submits  evidence  verified  by  affidavit  and 
satisfactory  to  the  board,  that  he : 

(a)  Is  twenty-one  years  of  age  or  more. 

(b)  Is  of  good  moral  character. 

(c)  Had  prior  to  beginning  his  first  year  of  medical  .study 
the   general   education   required   preliminary  to   receiving   the   de- 
gree of  bachelor  or  doctor  of  medicine  of  this  State.      This  pre- 


Public  Free  School  Law  147 

liminary  education  shall  meet  the  requirements  of  the  Board  of 
Education  of  the  State  of  Virginia,  and  a  certified  statement 
from  the  superintendent  of  said  board  shall  accompany  the  candi- 
date's application. 

(d)  Has  studied  medicine  not  less  than  four  school  years,  in- 
cluding  four   satisfactory   courses   of   at   least   eight  months   each 
in   four  .different   calendar   years   in   a   medical   school   registered 
as  maintaining  a  standard  satisfactory  to  the  State  Board  of  Edu- 
cation.    Virginia  medical   schools   and  Virginia  medical   students 
shall  not  he  discriminated  against  by  the  registration  of  any  medical 
school  out  of  the  State  whose  minimum  graduation  standard  is  less 
than  that  fixed  by  statute  for  Virginia  medical  schools.     The  above 
clause  of  subsection  (d)  shall  not  apply  until  April  first,  nineteen 
hundred  and  fourteen. 

The  board  may  in  their  discretion  accept  as  the  equivalent 
of  the  first  year  of  requirement  (d)  evidence  of  graduation  from 
a  registered  college  course,  provided  that  such  college  course  shall 
have  included  not  less  than  the  minimum  requirements  prescribed 
by  the  board  and  by  the  State  Board  of  Education  for  such  ad- 
missions to  advanced  standing. 

The  board  may  also  at  their  discretion  admit  conditionally 
to  the  examination  in  anatomy  and  histology,  physiology  and  em- 
bryology and  chemistry,  applicants  nineteen  ears  of  age;  or  more, 
certified  as  having  studied  medicine  at  some  registered  medical  col- 
lege not  less  than  two  years,  including  two  satisfactory  courses  of 
at  least  eight  months  each,  in  two  different  calendar  years,  and 
of  having  passed  in  all  of  those  medical  branches  at  the  said  col- 
lege, but  the  said  college  must  be  registered  as  maintaining  at  the 
time  a  standard  satisfactory  to  the  State  Board  of  Education:  pro- 
vided, further,  that  such  applicant  must  meet  requirements  b  and  c. 

The  board  may  also,  at  their  discretion,  accept  as  the  equiva- 
lent of  any  part  of  requirements  c  and  d  five  or  more  years  of  legal 
and  reputable  practice,  and  such  candidate  shall  be  exempted  from 
taking  the  examinations  in  anatomy  and  histology,  and  physiology, 
embryology  and  chemistry. 

(e)  Has  either  received  the  degree  of  bachelor  or  doctor  of 
medicine  from   some  registered  medical   school,   or   a   diploma   or 
license  conferring  full  right  to  practice  medicine  in  some  foreign 
country,  unless  admitted  conditionally  to  the  examinations  as  speci- 
fied above,  in  which  case  all  qualifications,  including  the  full  period 


148  Virginia  School  Laws 


of  study,  the  medical  degree  and  the  final  examinations  must  be 
met.  The  degree  of  bachelor  or  doctor  of  medicine  shall  not  be 
conferred  in  this  State  before  the  candidate  has  filed  with  the  in- 
stitution conferring  it  the  certificate  of  the  State  Board  of  Education 
that  before  beginning  the  first  annual  medical  course  counted  toward 
the  degree,  he  had  either  graduated  from  a  registered  college  01 
satisfactorily  completed  a  full  course  in  a  registered  academy  or 
high  school ;  or  had  a  preliminary  education  considered  and  accepted 
by  the  State  Board  of  Education  as  fully  equivalent,  or  held  a  State 
Board  of  Education  medical  student  certificate;  or  passed  State 
Board  of  Education  examinations  securing  sufficient  academic 
counts,  in  accordance  with  the  standard  of  the  Association  of  Ameri- 
can Medical  Colleges,  or  their  full  equivalent,  before  beginning  the 

first  annual  medical  course  counted  toward  the  degree 

(Acts  1912,  page  525) 

184.  State  accountant. — Sections  three,  four,  eight  and  nine 
of  chapter  156  of  Acts  of  1910,,  and  sections  seventeen  and  eighteen 
of  chapter  122  of  Acts  of  1914,  define  the  powers  and  duties  of  the 
State  Accountant  as  fottoivs: 

3.  It  shall  be  the  duty  of  the  State  Accountant,  under  the 
direction  of  the  joint  auditing  committee,  to  devise  a  modern,  effec- 
tive and  uniform  system  of  bookkeeping  and  accounting,  compre- 
hending : 

(a)  An  efficient  system  of  checks  and  balances  between  the 
officers  at  the  seat  of  government  and  entrusted  with  the  collection 
and  receipt,  custody  and  disbursement  of  the  revenues  of  the  State. 

(b)  A  system  of  accounting  applicable  to  the  offices  of  the 
Auditor  of  Public  Accounts,  of  the  State  Treasurer,  of  the  Secretary 
of  the  Commonwealth,   the   Corporation   Commission,   the   Second 
Auditor,  the  Commissioner  of  Agriculture,  the  Superintendent  of 
Public  Instruction,  the  State  Highway  Commission,  Bureau  of  In- 
surance, the  Register  of  the  Land  Office,  the  State  Library  and  all 
other  State  offices  now  being  or  hereafter  established  at  the  seat  of 
government,  the  Board  of  Fisheries  and  the  Board  of  Sinking  Fund 
Commissioners,  which  said  system  of  accounting  shall  be  suitable 
to  the  needs  of  these  several  offices  and  boards,  considering  their 
relation  to  each  other  and  their  relation  to  subordinate  offices  and 
officials. 

4.  The  said  Accountant  shall  devise  and  adopt  systems  of  ac- 
counting for  the  several  penal,   educational  and  eleemosynary  in- 


Public  Free  School  Law  149 

stitutions  of  the  State  maintained  in  whole  or  in  part  by  the  State, 
having  regard  to  the  needs  and  conditions  of  each  institution.    .    . 

8.  Said  State  Accountant,  or  his  deputy,  shall,  from  time  to 
time,  inspect  and  scrutinize  the  accounts  and  vouchers  of  all  State 
officers  set  forth  in  sections  three  and  four  of  this  act. 

9.  Such  inspection  shall  be  made  without  notice  to  the  officials 
whose  accounts  are  to  be  inspected,  and  it  shall  be  the  duty  of  the 
official  whose  books  and  accounts  and  vouchers  are  being  inspected 
to  produce  such  books,  vouchers  and  accounts  and  give  the  State 
Accountant,  or  his  deputy,  all  necessary  help  and  aid  in  making  such 
inspection.     Should  any  official  fail  to  perform  the  requirements  of 
this  section  he  shall  be  guilty  of  a  misdemeanor.     (Acts  1910,  page 
243) 

17.  The  State  Accountant,  when  requested  by  the  board  of 
supervisors  of  any  county,  or  the  council  of  any  city  or  town  of  the 
Commonwealth,  shall  make  and  establish  a  system  of  bookkeeping 
and  accounting  for  the  treasurers,  clerks  of  the  courts  and  school 
boards  of  such  counties  and  cities,  and  when  so  requested  he  shall 
examine  the  books  and  accounts  of  such  officers,  and  report  to  the 
said  supervisors  or  councils  the  findings  of  his  investigation,  if  it 
relates  to  the  affairs  of  such  county  or  city,  and  to  the  Auditor  of 
Public  Accounts  if  it  relates  to  the  revenue  of  the  State. 

18.  The  cost  of  such  service  as  may  be  so  required  shall  be 
borne  by  the  county   and   city   receiving  the   service   of   said   ac- 
countants, and  shall  not  exceed  an  amount  sufficient  to  reimburse 
the  State.      (Acts  1914,  page  202) 

Of  Public  Free  Schools  In  Cities  and  In   Towns   Constituting  Sep- 
arate School  Districts 

185.  Their  establishment  and  management. — An  efficient  sys- 
tem of  public  free  schools  shall  be  established  and  maintained  in 
all  cities  and  towns  constituting  separate  school  districts  of  the 
State. 

The  public  free  school  system  shall  be  administered  by  the  fol- 
lowing authorities,  to-wit :  A  State  Board  of  Education,  a  Superin- 
tendent of  Public  Instruction,  division  superintendents  of  schools 
and  city  school  boards.  The  provisions  of  chapter  sixty-six,  except 
as  provided  in  this  chapter,  shall  be  applicable  to  such  cities  and 
towns  in  like  manner  as  to  the  counties  of  the  Commonwealth,  and 
city  and  town  school  boards,  officers,  trustees  and  teachers,  as  well 


150  Virginia  School  Laws 

as  city  and  town  treasurers,  are  charged,  with,  reference  to  the 
public  free  schools  of  such  cities  and  towns,  with  the  duties,  vested 
with  the  powers  of  and  subject  to  the  limitations  and  penalties  im- 
posed upon  similar  officers,  boards,  trustees  and  treasurers  in  the 
counties  by  chapter  sixty-six,  unless  otherwise  provided.  (Code, 
Sec.  1522) 

JSTote. — Chapter  66  of  the  Code  embraces  sections  1427-1521, 
and  chapter  67,  sections  1522-1540,  both  inclusive. 

186.  Classification  of  cities. — Cities  which  have  a  population 
of  ten  thousand  and  upwards  shall,  for  school  purposes,  be  known 
as  cities  of  the  first  class,  and  cities  which  have  less  than  ten  thous- 
and shall  be  known  as  cities  of  the  second  class;  but  the  provisions 
of  the  law  concerning  cities  shall  be  applicable  to  both  classes  alike, 
unless  the  one  or  the  other  class  be  specifically  referred  to.     (Code, 
Sec.  1523) 

187.  Number  and    bounds  of  school    districts. — The    school 
boards  of  the  respective  cities  shall  have  power,  subject  to  the  ap- 
proval   of    the    common    council,    to    prescribe    the    number    and 
boundaries  of  the  school  districts;  but  until  such  provision  is  made 
every  such  city  which  is  not  divided  into  wards  shall  constitute  a 
single  school  district,  and  in  every  city  which  is  divided  into  wards 
each  ward  shall  be  a  school  district.     The  number  and  boundaries 
of  districts  shall  be  duly  reported  to  the  Superintendent  of  Public 
Instruction  and  recorded  in  his  office,  and  also  in  that  of  the  clerk 
of  the  corporation  court  or  in  that  of  the  circuit  court  if  there  be 
no  corporation  court.     (Code,  Sec.  1524) 

188.  Magisterial  and  school  districts;  levies  in  city  of  second 
class. — Such  city  of  the  second  class,  when  declared  to  be  such, 
shall  constitute  one  separate  magisterial  district  and  one  separate 
school  district  of  the  county  in  which  it  is  located;   and  it  shall 
continue  to  elect  all  district  officers  for  such  magisterial   district 
in  the  manner  provided  by  law;  and  the  school  trustees  and  other 
school  officers  of  such  school  district,  whether  elected  or  appointed, 
shall  bear  the  same  relation  to  the  county  school  board   as  that 
existing  before  the  city  is  declared  to  be  such.      There   shall  be 
but  one  superintendent  of  schools  for  such  city  and  the  county  in 
which  such  city  is  located. 

The  board  of  supervisors  of  such  county  shall  have  the  same 
power  and  authority  to  levy  a  tax  for  county,  school  and  district 
purposes,  upon  all  property  within  the  corporate  limits  of  such 


Public  Free  School  Law  151 

city,  as  it  has  upon  property  in  the  remainder  of  the  county  with- 
out the  corporate  limits  of  such  city,  except  road  taxes.  And  all 
State,  county,  school  and  district  levies,  except  road  taxes  or  levies, 
shall  continue  to  be  collected  and  disbursed  by  the  county  treas- 
urer in  the  same  manner  as  if  such  city  had  not  been  declared 
to  be  such. 

As  soon  as  such  municipality  shall  have  been  declared  to  be  a 
city,  all  property  within  any  annexed  territory  shall  at  once  be  and 
become  liable  to  the  regular  town  or  city  tax  rate,  and  all  revenue 
derived  from  such  new  territory  by  such  city,  whether  by  way  of 
taxes,  licenses,  fines  or  otherwise,  shall  be  paid  into  the  city  treasury 
and  be  expended  under  the  direction  of  the  common  council  of 
said  city  in  the  same  manner  and  for  the  same  purposes  as  the 
other  funds  of  the  city  are  or  shall  be  expended.  (Acts  1908,  page 

7) 

,189.  School  board  of  city  a  corporation. — The  school  trustees 
of  each  city  shall  be  a  body  corporate  under  the  name  and  style 
of  "The  school  board  of  the  city  of  -  — ,"  by  which  name 

it  may  sue  and  be  sued,  contract  and  be  contracted  with,  and  pur- 
chase, take,  hold,  lease,  and  convey  school  property,  both  real  and 
personal.  The  title  to  all  school  property,  both  real  and  personal, 
within  the  city,  shall  vest  in  the  said  board,  except,  by  mutual 
consent  of  the  council  and  school  board  the  title  to  property  may 
vest  in  the  city.  The  trustees  of  the  several  districts,  where  there 
are  more  than  one,  shall  have  no  organization  or  duties  except 
such  as  may  be  assigned  to  them  by  the  consolidated  body.  (Code, 
Sec.  1525) 

190.  Territorial  jurisdiction  of  the  school  board  in  cities  and 
towns  constituting  a  separate  school  district;  its  clerk,  his  pay.— 
The  official  care  and  authority  of  the  school  board  shall  cover  all 
territory  included  in  the  corporate  limits  of  the  city  or  town  con- 
stituting a  separate  school  district,  and  also  shall  cover  all  school 
property  located  without  and  contiguous  to  the  corporate  limits  of 
such  city  or  town,  when  the  title  to  said  property  is  vested  either 
in  the  school  board  of  such  city,  as  a  body  corporate,  or  in  the 
city.  The  majority  of  its  members  shall  constitute  a  quorum.  It 
may,  in  its  discretion,  appoint  a  clerk,  who  may,  or  may  not,  be  a 
member  of  the  board ;  and  shall  make  by-laws  and  regulations  for  its 
own  government  and  for  the  management  of  its  official  business, 
so  far  as  they  do  not  conflict  with  the  provisions  of  the  law.  The 


152  Virginia,  School  Laws 

salary  of  said  clerk  shall  be  fixed  by  the  school  board.      (Code, 
Sec.  1526;  Acts  1914,  page  498) 

191.  Who  ineligible  as  division  superintendent  or  clerk   of 
school  board. — ]STo  mayor,  member  of  council,  or  treasurer  or  other 
officer  of  a  city,  town  or  county  shall  be  eligible  to  the  office  of 
division  superintendent  of   schools  of  such  city,   town  or  county, 
or  the  clerk  of  a  school  board  of  such  city,  town  or  county:  pro- 
vided, that  nothing  herein  contained  shall  apply  to  towns  of  less 
than  one  thousand  inhabitants.     (Code,  Sec.  1527;  Acts  1912,  page 
524) 

192.  School  trustees. — The  council  of  each  city  shall  appoint 
three  trustees  for  eacjb  school  district  in  such  city,  w^hose  term  of 
office  shall  be  three  years,  respectively,  and  one  of  whom  shall  be 
appointed  annually.     If  a  vacancy  occurs  in  the  office  of  trustee 
at  any  time  during  the  term  the  council  shall  fill  it  by  appointing 
another  for  such  part  of  the  term  as  has  not  expired.     The  trustees 
in  office  when  this  act  takes  effect  shall  continue  in  office  until  the 
terms  for  which  they  were  respectively  appointed  shall  have  ex- 
pired by   limitation.      Within   thirty   days   preceding  the   day   on 
which  the  term  of   said  trustees   shall   expire  by   limitation,    and 
within  the  like  number  of  days  preceding  the  day  on  which  the 
term  of  any  trustee  shall  expire  by  limitation  in  any  subsequent 
year,  such  council  shall  appoint  a  successor  to  each  such  trustee 
in  office,  whose  term  shall  commence  when  the  term  of  his  pre- 
decessor shall  have  expired,  provided  the  office  of  any  such  trustee 
has  not  been  abolished  in  redistricting  the  city,  and  provided  that 
of  those  first  appointed  under  this  chapter  one  shall  be  appointed 
for  a  term  of  one  year,  one  for  a  term  of  two  years,  and  one  for  a 
term  of  three  years.     (Code,  Sec.  1528) 

193.  Power  and  duty  of  council. — The  council  of  each  city 
shall  have  power,  and  it  shall  be  its  duty,  on  or  before  the  fourth 
Monday  in  July  in  each  year,  or  as  soon  thereafter  as  practicable, 
to  levy  a  tax  upon  the  real  and  personal  property  in  the  city  of 
not  to  exceed  fifty  cents  on  the  one  hundred  dollars  of  its  assessed 
value,  or  the  council  may,  in  its  discretion,  make  an  appropriation 
in  lieu  of  such  levy.     (Code,  Sec.  1529) 

194.  Board  to  submit  estimates  to  council. — It  shall  be  the 
duty  of  the  school  board  of  every  city,   once  in  each  year,    and 
oftener  if  deemed  necessary,  to  submit  to  the  council,  in  writing, 
a  classified  estimate  of  what  funds  will  be  needed  for  the  proper 


Public  Free  School  Law  153 

maintenance  and  growth  of  the  public  schools  of  the  city,  and  to 
request  the  council  to  make  appropriation  accordingly.  (Code, 
Sec.  1530) 

195.  Apportionment  of  State  funds;  how  and  by  whom  kept 
and  disbursed. — The  State  school  funds  shall  be  apportioned  to 
cities  separately  from  their  counties,  and  all  funds  designed  for 
the  benefit  of  public  free  schools  therein  shall  be  deposited  with 
the  treasurers  of  such  cities  and  kept  by  said  treasurers  in  separate 
accounts,  and  disbursed  only  on  orders  from  the  city  school  boards, 
respectively.  (Code,  Sec.  1531) 

"196.  Pay  of  division  superintendent. — The  division  superin- 
tendent of  a  city  shall  receive  pay  from  the  State  in  like  propor- 
tion as  other  division  superintendents  of  schools,  but  nothing  herein 
shall  be  construed  to  limit  the  amount  of  additional  remuneration 
which  he  may  receive  from  the  council  of  the  city  within  which  he 
acts.  (Code^  Sec.  1533) 

197.  When  to  teach. — The  division  superintendent  of  a  city 
may  teach  in  a  public  school  ex-officio  when  requested  so  to  do  by 
the  city  school  board.    (Code,  Sec.   1534) 

198.  Powers  and  duties  of  boards  of  trustees;  qualification  of 
trustees,  nml  so  forth;  a  corporation. — Every  school  trustee  shall, 
at  the  time  of  his  appointment,  be  a  resident  of  the  school  district 
for  which  appointed,  and  if  he  shall  cease  to  be  a  resident  thereof 
his  office  shall  be  deemed  vacant.     Before  entering  upon  the  dis- 
charge of  the  duties  of  his  office  he  shall  take  and  subscribe  the 
oaths  prescribed  for  officers  of  the  State  before  the  corporation  or 
the  circuit  court,  or,  in  vacation,  before  the  judge  or  clerk  of  said 
court,   and  the  clerk  of  the  said  court  shall  make  in  his  record 
book  a  minute  of  the  qualification  of  said  trustee. 

Xo  federal  or  State  officer,  except  a  notary  public;  no  city 
officer,  no  member  of  council,  or  any  officer  thereof,  shall  during  his 
term  of  office  be  chosen  or  allowed  to  act  as  a  school  trustee;  but 
this  provision  shall  not  have  the  effect  of  prohibiting  a  commis- 
sioner in  chancery  or  commissioner  in  bankruptcy,  or  member  of 
the  board  of  health,  from  holding  such  office. 

The  city  school  board  of  every  city  shall  establish  and  main- 
tain therein  a  general  system  of  public  free  schools  in  accordance 
with  the  requirements  of  the  Constitution  and  the  general  educa- 
tional policy  of  the  Commonwealth,  for  the  accomplishment  of  which 
purpose  it  shall  have  the  following  powers  and  duties: 


154  Virginia  School  Laws 

First.  To  explain,,  enforce,  and  observe  the  school  laws,  and 
to  make  rules  for  the  government  of  the  schools,  and  for  regulat- 
ing the  conduct  of  pupils  going  to  and  returning  therefrom. 

Second.  To  determine  the  studies  to  he  pursued,  the  methods 
of  teaching,  and  government  to  he  employed  in  the  schools,  and 
the  length  of  the  school  term. 

Third.  To  employ  teachers  and  dismiss  them  when  delin- 
quent, inefficient,  or  in  any  wise  unworthy  of  the  position :  provided, 
that  no  school  board  shall  employ  or  pay  any  teacher  from  the 
public  funds  unless  the  teacher  shall  hold  a  certificate  in  full  force, 
according  to  the  provisions  of  section  fourteen  hundred  and  sev- 
enty-six [section  78  of  school  law]  of  the  laws  relating  to  the  public 
free  schools  in  counties:  and  provided  further,  that  it  shall  not  be 
lawful  for  the  school  board  of  any  city  or  of  any  town  constituting 
a  separate  school  district  to  employ  or  pay  any  teacher  from  the 
public  funds  if  said  teacher  is  the  brother,  sister,  wife,  son,  or 
daughter  of  any  member  of  said  board. 

Fourth.  To  suspend  or  expel  pupils  wrhen  the  prosperity  and 
efficiency  of  the  school  make  it  necessary. 

Fifth.  To  decide  what  children,  wishing  to  enter  the  schools 
of  the  city,  are  entitled  by  reason  of  the  poverty  of  their  parents 
or  guardians  to  receive  text-books  free  of  charge,  and  to  provide 
for  supplying  them  accordingly. 

Sixth.  To  establish  high  and  normal  schools  and  such  other 
schools  as  may,  in  its  judgment,  be  necessary  to  the  completeness 
and  efficiency  of  the  school  system. 

Seventh.  To  see  that  the  census  of  children  required  by  sec- 
tions fourteen  hundred  and  sixty-two  and  fourteen  hundred  and 
sixty-three  of  the  Code  of  Virginia  [sections  43  and  44  of  school 
law]  is  taken  within  the  proper  time  and  in  the  proper  manner. 

Eighth.  To  hold  regular  meetings  and  to  prescribe  when  and 
how  special  meetings  may  be  called. 

Ninth.  To  call  meetings  of  the  people  of  the  city  for  consul- 
tation in  regard  to  the  school  interests  thereof,  at  which  meetings 
the  chairman  or  some  other  member  of  the  board  shall  preside  if 
present. 

Tenth.  To  provide  suitable  school-houses,  with  proper  furni- 
ture and  appliances,  and  to  care  for,  manage,  and  control  the  school 
property  of  the  city.  For  these  purposes  it  may  lease,  purchase, 
or  build  such  houses,  according  to  the  exigencies  of  the  city  and 


Public  Free  School  Law  155 

the  means  at  its  disposal.  ~No  school-house  shall  be  contracted 
for  or  erected  until  the  plans  therefor  shall  have  been  submitted 
to  and  approved  in  writing  by  the  division  superintendent  of  schools, 
and  no  public  school  shall  be  allowed  in  any  building  which  is  not 
in  such  condition  and  provided  with  such  conveniences  as  are  re- 
quired by  a  due  regard  to  decency  and  health;  and  when  a  school- 
house  appears  to  the  division  superintendent  of  schools  to  be  un- 
fit for  occupancy,  it  shall  be  his  duty  to  condemn  the  same,  and 
immediately  to  give  notice  thereof,  in  writing,  to  the  chairman 
of  the  school  board,  and  thenceforth  no  public  school  shall  be  held 
therein,  nor  shall  any  part  of  the  State  or  city  fund  be  applied  to 
support  any  school  in  such  house  until  the  division  superintendent 
shall  certify,  in  writing,  to  the  city  school  board,  that  he  is  satis- 
fied with  the  condition  of  such  building  and  with  the  appliances 
pertaining  thereto. 

Eleventh.  To  visit  the  public  free  schools  within  the  city  from 
time  to  time,  and  to  take  care  that  they  are  conducted  according 
to  law  and  with  the  utmost  efficiency. 

Twelfth.  To  manage  and  control  the  school  funds  of  the  city, 
to  provide  for  the  pay  of  teachers  and  of  the  clerk  of  the  board, 
for  the  cost  of  providing  school-houses  and  the  appurtenances  thereto 
and  the  repairs  thereof,  for  school  furniture  and  appliances,  for 
necessary  text-books  for  indigent  children  attending  the  public  free 
schools,  and  for  any  other  expenses  attending  the  administration 
of  the  public  free  school  system,  so  far  as  the  same  is  under  the 
control  or  at  the  charge  of  the  school  officers. 

Thirteenth.  To  examine  all  claims  against  the  school  board, 
and  when  approved  to  pay  the  same :  provided,  that  a  record  of  such 
approval  shall  be  made  in  the  proceedings  of  the  board,  and  a 
warrant  on  the  city  treasurer  shall  be  drawn,  signed  by  the  chair- 
man of  the  board  and  countersigned  by  the  clerk  thereof,  payable 
to  the  person  or  persons  entitled  to  receive  such  money,  and  stating 
on  its  face  the  purpose  or  service  for  which  it  is  to  be  paid,  and 
that  such  warrant  is  drawn  in  pursuance  of  an  order  entered  by  the 
board  on  the  day  of . 

Fourteenth.  It  shall  be  the  duty  of  the  school  board  of  every 
city,  once  in  each  year,  and  oftener  if  deemed  necessary,  to  sub- 
mit to  the  council,  in  writing,  a  classified  estimate  of  what  funds 
will  be  needed  for  the  proper  maintenance  and  growth  of  the  pub- 


156  Virginia  School  Laws 


lie  schools  of  the  city,  and  to  request  the  council  to  make  pro- 
vision, by  appropriation  or  levy,  for  the  same. 

Fifteenth.  To  perform  such  other  duties  as  shall  be  prescribed 
by  the  State  Board  of  Education  or  are  imposed  by  other  parts  of 
this  act. 

City  school  boards  shall  in  general  have  the  same  powers  in 
relation  to  the  condemnation  or  purchase  of  land  and  to  the  vest- 
ing of  the  title  thereof,  and  also  in  relation  to  the  title  to  and 
management  of  property  of  any  kind  applicable  to  school  purposes, 
whether  heretofore  or  hereafter  set  apart  therefor,  and  however  so 
set  apart,  whether  by  gift,  grant,  devise,  or  any  other  conveyance, 
and  from  whatever  source,  as  county  and  district  school  boards 
have  in  the  counties.  They  shall  also  have '  a  clerk,  who  shall  be 
charged  with  the  same  duties  as  the  clerk  of  district  school  boards. 
(Code,  Sec.  1538) 


Regulations  of  the  State  Board  of  Education 

(Prescribed  pursuant  to  the  provisions  of  Sec.   132  of  the  Virginia  Con- 
stitution) 


Superintendent  of  Public  Instruction 

1.  His  duties. — The  Superintendent  of  Public  Instruction 
shall  be  the  chief  executive  of  the  public  free  school  system,  upon 
whom  shall  devolve  the  following  duties,  to-wit: 

First.  He  shall  take  care  that  the  school  laws  and  regulations 
be  faithfully  executed,  and  shall  use  all  proper  means  to  promote 
an  appreciation  and  desire  of  education  among  the  people. 

Second.  It  shall  be  his  duty  to  determine  the  true  intent  and 
meaning  of  the  school  laws  and  regulations,  and  to  explain  to  the 
division  superintendents  and  other  school  officers  the  several  duties 
enjoined  thereby  upon  them,  and  his  decision  shall  be  final,  unless 
and  until  reversed  by  the  State  Board  of  Education. 

Third.  He  shall  prepare  suitable  registers,  blank  forms  and 
regulations  for  making  all  reports  and  for  conducting  all  necessary 
business  under  the  school  law,  and,  by  circulars  and  otherwise,  shall 
give  such  information  and  instructions  as  he  shall  deem  conducive 
to  the  proper  organization  and  government  of  the  public  free 


Regulations  of  the  State  Board  of  Education  157 

schools  and  the  due  execution  of  their  duties  by  the  school  officers. 

Fourth.  He  shall  reauire  of  division  superintendents  detailed 
reports  annually,  and  as  often  besides  as  he  may  deem  proper; 
and  he  may  require  special  reports  at  any  time  of  any  officer  con- 
nected with  the  school  system.  He  may  also  appoint  persons,  at 
his  discretion,  to  visit  or  examine  all  or  any  part  of  the  public  free 
schools  in  the  county  wherein  such  persons  reside,  and  report  to 
him  touching  all  such  matters  respecting  their  condition  and  man- 
agement, and  the  means  of  improving  them,  as  he  may  indicate ; 
but  no  allowance  or  compensation  shall  be  made  to  such  persons 
for  their  services  or  expenses. 

Fifth.  It  shall  be  his  duty,  as  often  as  may  be  consistent  with 
his  other  official  engagements,  to  make  tours  of  inspection  among 
the  public  free  schools  throughout  the  State. 

Sixth.  He  shall  decide  all  appeals  from  decisions  of  division 
superintendents  of  schools,  when  made  in  prescribed  form;  he  may, 
however,  in  his  discretion,  refer  the  matter  to  the  State  Board  of 
Education,  whose  decision  shall  always  be  final.  But  appeals  shall 
lie  in  all  cases  from  the  decisions  of  the  Superintendent  of  Public 
Instruction  to  the  State  Board  of  Education. 

Seventh.  Copies  of  his  decisions  and  of  the  decisions  of  the 
board,  as  well  as  of  all  his  official  papers,  shall  be  kept  on  file  in 
his  office,  and  be  open  to  the  inspection  of  persons  concerned. 

Eighth.  He  shall  also  preserve,  in  convenient  arrangement  in 
his  office,  all  such  documents  from  other  States  and  governments, 
books  or  pamphlets  on  educational  subjects,  school  books,  appara- 
tus, maps,  charts,  and  the  like,  as  have  been  or  shall  be  furnished 
gratuitously  for  public  use,  or  purchased  for  the  use  of  his  office. 

Xinth.  He  shall  annually,  and  as  often  besides  as  he  may  deem 
necessary,  prepare  a  scheme  for  apportioning  the  money  appro- 
priated by  the  State  for  public  free  school  purposes  among  the 
several  counties  and  cities,  on  the  basis  of  the  number  of  children 
between  the  ages  of  seven  and  twenty  years  in  each  school  dis- 
trict, as  ascertained  from  the  census  last  taken,  or,  in  default  of 
that,  from  the  latest  and  best  official  authority  accessible  to  him. 
This  scheme  shall  be  accompanied  by  summaries  of  the  data  on 
which  the  same  is  founded,  and  a  copy  thereof,  and  of  the  sum- 
maries aforesaid,  shall  be  furnished  to  the  Second  Auditor,  to 
each  division  superintendent  of  schools,  and  to  each  county  and  city 
treasurer. 


158  Virginia  School  Laws 

Tenth.     He  shall  provide  for  his  office  a  suitable  official  seal, 
with  which  he  may  authenticate  official   documents. 

Eleventh.  He  shall  annually  submit  to  the  State  Board  of 
Education,  on  or  before  the  first  day  of  November,  a  detailed  report 
of  his  official  proceedings  for  the  year  ending  the  thirtieth  day  of 
June  preceding,  exhibiting  a  plain  statistical  account  of  receipts 
and  expenditures  for  public  free  schools,  and  of  their  condition 
and  progress,  showing  the  number  of  children,  male  and  female, 
white  and  colored,  respectively,  in  the  State,  and  in  each  county, ' 
city,  and  school  district,  between  the  ages  of  seven  and  twenty  years, 
the  average  and  total  number  at  school  during  the  year,  wages 
paid  teachers,  the  amount  of  each  branch  of  school  expenditure 
severally,  the  cost  of  education  per  scholar,  and  whatever  else  may 
tend  to  show  the  degree  of  success  and  usefulness  of  the  system; 
he  shall  also  be  at  liberty,  and  it  shall  be  his  duty,  to  offer  sug- 
gestions to  the  State  Board  of  Education  and  to  the  General  As- 
sembly concerning  matters  pertaining  to  his  department  at  any  time 
that  the  public  interests  seem  to  him  to  require  it. 

Examination  and  Certification  of  Teachers 

NOTE. — The  distinguishing  feature  of  this  system  of  State  examination 
and  certification  of  teachers  is  found  in  the  provision  whereby  the  services 
of  division  superintendents  are  utilized  in  a  dualistic  or  two-fold  examina- 
tion of  the  papers.  The  papers  are  valued  first  by  the  division  superin- 
tendent in  whose  county  or  city  they  are  prepared  and  afterwards  by  a 
member  of  the  State  Board  of  Examiners,  which  board  is  composed  of 
division  superintendents  and  leading  teachers,  one  member  for  each  sub- 
ject embraced  in  the  examination.  As  this  board  prepares  the  examination 
questions  and  passes  finally  on  the  answer  papers,  as  nearly  perfect  a 
State  standard  as  possible  is  attained.  Upon  the  results  of  the  examinations 
certificates  are  issued  by  the  Department  of  Public  Instruction,  which 
certificates  must  be  endorsed  by  the  superintendent  of  the  division  in 
which  the  holders  desire  to  teach.  The  board  meets  twice  a  year  in 
Richmond  following  the  April  and  July  examinations,  and  the  papers  are 
valued  and  verified  and  all  reports  or  certificates  are  placed  in  the  hands 
of  the  applicants  and  division  superintendents  within  twenty  or  thirty 
days  after  the  examination  closes. 

The  requirements  for  first,  second,  and  third  grade  certificates  have 
been  made  simpler,  and  the  provisions  for  renewing  first  and  second  grades 
less  burdensome.  Additional  certificates  have  been  provided  for  those 
who  have  had  the  benefit  of  higher  training  in  order  to  relieve  teachers 
as  much  as  possible  of  the  burden  of  examination.  These  certificates  cover 
every  worthy  character  of  training  provided  in  Virginia,  it  being  the  de- 
sign of  the  State  Board  of  Education  to  have  each  certificate  show  on  its 
face  the  basis  on  which  it  is  granted. 

2.  State  board  of  examiners. — A  State  Board  of  Examiners 
shall  be  appointed  by  the  board,  upon  nomination  of  the  Superin- 
tendent of  Public  Instruction,  and  shall  serve  at  the  pleasure  of  the 
board  or  the  Superintendent. 


Regulations  of  the  State  Board  of  Education  159 

The  Board  of  Examiners  shall  prepare  questions  for  such 
examinations  of  applicants  for  certificates  to  teach  as  the  Superin- 
tendent of  Public  Instruction  may  direct,  pass  finally  upon  the 
answer  papers  of  such  applicants,  and  perform  such  other  duties 
as  the  Superintendent  may  require.  The  compensation  of  the 
examiners  shall  be  fixed  by  the  board. 

3.  When  examinations  held;  notice  given. — 1-  Two  uniform 
examinations  shall  be  held  annually  in  the  various  school  divisions — 
one  in  April,  the  other  in  July. 

2-  Examinations    shall    also    be   held    at    the    State    Summer 
Schools  annually  in  July. 

3-  Examinations  on  the  Reading  Course  for  the  extension  of 
certificates  shall  be  given  on  the  last  day  of  the  April  examination  as 
well  as  on  the  last  day  of  the  July  examination. 

4-  Examinations  011  high  school  and  special  subjects  shall  be 
given  in  April  as  well  as  in  July. 

5-  Examinations  held  in  the  various  school  divisions  shall  be 
under   the   supervision   of   the   division   superintendents;    those   at 
the  summer  schools  under  the  supervision  of  the  conductors  thereof; 
all   to  be   conducted   in   accordance  with   such   regulations   as   the 
Superintendent  of   Public   Instruction  may   prescribe. 

6-  The  Superintendent  of  Public  Instruction  shall  name  the 
days  on  which  all  examinations  shall  be  held  and  give  due  notice 
thereof. 

7-  Division   superintendents   shall  give  notice   at  least   thirty 
days  in  advance  of  the  time  fixed  for  examinations  to  be  held  in 
their  respective  divisions. 

4.  How   examination   questions  sent   to   division  superinten<- 
dents. — Examination  questions  shall  be  sent  under  se*al  to  division 
superintendents  by  the  Department  of  Public  Instruction. 

5.  Subjects   embraced   in   uniform   examinations. — Examina- 
tions will  begin  promptly  at  9  A.  M.  each  day.     Subjects  for  the 
first   day    are:      Geography,    spelling,    grammar   and   composition, 
theory  and  practice  of  teaching,   and  civil  government  and  read- 
ing.    Subjects  for  the  second  day  are:     Drawing,  physiology  and 
hygiene,  arithmetic,  history  of  Virginia  and  United  States  history. 
Subjects  for  the  third  day  are:  Elementary  algebra,   science  and 
English  history  or  general  history.     Writing  will  be  graded  from 
Form  E,  No.  2. 

See   regulations   45-49,   inclusive,   and   54,   as   to   subjects,   percentages, 
and  other  requirements  for  certificates  issued  on  examination. 


160  Virginia  School  Laws 

6.  Age  of  applicants. — No  applicant  under  eighteen  years  of 
age  shall  be  permitted  to  take  the  examination. 

Applicants  for  first  grade  certificates  must  be  at  least  nineteen  years  old. 

7.  Applicants  to  notify  division  superintendent. — In  order  that 
proper    arrangements    may    be    made    for  the    convenience    of    the 
teachers,  it  is  highly  important  that  each  applicant  notify  the  divi- 
sion superintendent  at  least  two  weeks  in  advance  of  the  examina- 
tion. 

8.  Superintendent  to  employ  assistant;  county  board  to  com- 
pensate.— As  examinations  for  white  and  colored  teachers  will  be 
held  on  the  same  day  and  in  separate  places,  it  will  be  necessary 
for  the  superintendent  to  employ  one  assistant  at  least  in  order 
that  one  may  have  charge  of  the  white  and  the  other  of  the  colored 
applicants.     The  county  school  boards  shall  provide  for  the  proper 
remuneration  of  these  assistants. 

9.  Regulations   governing    examinations. — 1-  No    one,   except 
the  superintendent,  his  assistant  and  applicants,   shall  be  allowed 
in  the  examination  room  at  any  time  during  the  examination. 

2-  The  superintendent  and  his  assistant  shall  exercise  proper 
care  in  seating  all  applicants,  and  shall  collect  all  books,  tablets  or 
papers,  except  such  as  are  necessary  for  conducting  the  examina- 
tion.    He  shall  take  care  that  the  applicants  are  not  crowded  and 
that  e'ach  has  a  separate  desk  or  table. 

Maps,  charts,  etc.,  shall  be  taken  down,  or  turned  face  to  the 
wall. 

3-  No   explanation   of   any   question   should   be   made  by   the 
superintendent  or  assistant.      The  examiners  will  give  credit   for 
any  reasonable  interpretation  of  a  question. 

4-  The  superintendent  shall  number  the  applicants  alphabeti- 
cally in  consecutive  order,  beginning  with  number  one.     Care  should 
be  taken  to  see  that  no  two  applicants  of  like  race  have  the  same 
number. 

The  papers  shall  be  signed  by  each  applicant  to  show  county 
or  city,  number  and  race;  for  example:  Accomac,  No.  7,  white. 
No  name  shall  be  signed  to  any  paper. 

When  applicants  from  one  division  are  examined  in  another 
division  the  papers  must  be  numbered  and  signed  as  coming  from 
the  division  in  which  the  applicant  is  examined.  Where  applicants 
take  the  examination  at  one  of  the  summer  institutes  the  papers 
must  be  numbered  as  coming  from  the  institute. 

5<   (a)  Special  attention  is  called  to  Form  E,  No.  2.    This  must 


Regulations  of  the  State  Board  of  Education  161 

not  be  folded  and  must  be  kept  absolutely  clean.  If  any  blank 
is  soiled,  the  superintendent  shall  require  the  applicant  to  fill  in 
another  blank.  This  form  is  to  be  filed  as  a  permanent  record 
and  it  is  imperative  that  it  be  returned  in  good  shape.  Each 
applicant  should  carefully  fill  in  every  part  of  section  A  of  this 
form.  If  any  part  of  section  A  is  unanswered,  a  dash  should  be 
used  to  indicate  that  the  omission  is  intentional.  The  superin- 
tendent should  fill  in  section  B.  These  forms  are  then  to  be  for- 
warded with  the  papers  and  addressed  to  the  Department  of  Pub- 
lic Instruction,  (b)  Teachers  who  take  the  Reading  Course  exami- 
nation should  fill  out  Form  E,  Xo.  2-R,  and  should  attach  to  this 
form  the  certificate  to  be  extended. 

Those  who  take  the  examination  on  High  School  subjects  should 
fill  out  the  regular  Form  (E.  Xo.  2),  which  should  be  marked  under 
Section  C,  "For  High  School  Subjects  Only." 

6-  On  the  blanks  for  the  names  and  corresponding  numbers 
of  the  applicants  the  superintendent  shall  give  the  name  and  num- 
ber of  each  applicant.      This  list  is  to  be  forwarded  in  a  sealed 
envelope  with  the  examination  papers. 

7-  Only  one  subject  shall  be  given  the  applicant  at  a  time. 
When  an  applicant  finishes  an  examination,  he  shall  be  permitted 
to  take  another  subject,  provided  the  subject  is  intended  for  'that 
particular  morning  or  afternoon.     No  afternoon  subject  shall  be 
given  during  the  morning  of  the  same  day. 

8-  Xo   communication   shall  be  permitted   during  the  exami- 
nation. 

9-  Xo  applicant  shall  be  permitted  to  leave  the  room  during 
the  examination  on  any  subject  until  his  papers  on  that  subject 
are  placed  finally  in  the  hands  of  the  superintendent  or  his   as- 
sistant. 

•  All  papers  must  be  written  with  pen  and  ink.  The  sub- 
ject, division  in  which  applicant  is  examined,  race  and  number  of 
applicant  shall  be  written  at  the  top  of  each  page.  Answers  must 
be  written  on  only  one  side  of  the  paper.  Papers  on  each  subject 
shall  be  arranged  in  order  and  securely  fastened  together.  Papers 
must  not  be  folded.  In  arithmetic  and  algebra  the  entire  work 
must  be  given. 

L1-  Applicants  shall  be  required  to  number  each  answer  to 
correspond  with  the  number  of  the  question,  and  make  a  dash  where 
an  answer  is  omitted. 


162  Virginia  School  Laws 

12 •  Each  applicant  shall  affix  to  each  paper  the  following 
pledge,  and  sign  his  name  by  division,  number  and  race:  I  have 
neither  given  nor  received  assistance  in  answering  the  foregoing 
questions. 

13-  In  a  letter  to  the  Superintendent  of  Public  Instruction, 
sent  at  the  close  of  the  examination,  the  division  superintendent 
shall  state  number  of  white  and  number  of  colored  applicants,  what 
applicants,  if  any,  dropped  out  during  the  examination,  any  irregu- 
larity occurring  in  the  examination,  and  any  further  information 
in  his  possession  that  should  be  considered  in  awarding  any  appli- 
cant a  certificate  to  teach. 

14-  The  papers  shall  be  arranged  by  number  and  assorted  by 
subjects,  not  by  applicants;  then  the  papers  of  the  white  applicants, 
after  being  wrapped  and  labelled  as  to  subject  and  division,  shall 
be  bound  securely  in  one  package.     The  papers  of  the  colored  appli- 
cants shall  be  arranged  in  the  same  manner. 

15-  In  their  letters  forwarding  the  papers,  the  superintendents 
should  name  their  assistants  and  the  grade  of  certificate  held  by 
each. 

16-  The  superintendent  and  his  assistant  should  be  prepared 
with  fasteners  for  the  papers  of  applicants  so  that  each  one  may 
fasten  his  papers  on  each  subject  carefully. 

Superintendents  should  see  that  the  paper  used  by  applicants 
is  of  uniform  style  and  size  (preferably  legal  cap).  It  is  sug- 
gested that  the  superintendent  furnish  such  supplies  to  the  appli- 
cants at  cost. 

17-  Either  the  superintendent  or  his  assistant  shall  be  present 
with  the  applicants  during  the  entire  examination. 

18.  Eorm  E — No.  2,  Section  A,  shall  be  filled  out  by  each  ap- 
plicant and  put  in  the  hands  of  the  conductor  of  the  examination 
before  the  questions  on  the  first  subject  are  given  to  such  appli- 
cant. The  conductor  shall  be  careful  to  see  that  the  form  is  fully 
and  accurately  filled  out  and  that  the  examination  report  to  be  com- 
bined (if  a  combination  is  requested),  is  attached  to  it. 

19-  The  regulations   designated   in   official   circulars  must   be 
read  to  applicants  before  the  examination  begins. 

20-  A  copy  of  the  regulations  concerning  the  examination  and 
certification  of  teachers  should  be  sent  by  each  division  superinten- 
dent to  every  teacher  in  his  division. 

10.  Instructions  to  division  superintendents. — Instructions  in 


Regulations  of  the  State  Board  of  Education  163 

regard  to  valuing  and  forwarding  the  papers  shall  be  sent  to  division 
superintendents  on  or  before  the  first  day  of  examination. 
(See  "Appendix"   for  other  instructions.) 

11.  Division  superintendents  to  notify  Department  of  number 
sets    questions   desired. — Division    supeiintendents    shall  \  ascertain 
in  advance  the  number  of  teachers  who  will  take  each  examination 
and   notify   the   Department   of   Public   Instruction   at   least   two1 
weeks  before  the  opening  day  of  examination  as  to  the  number  of 
examination  sets  desired. 

12.  Disposition  of  papers. — Within  ten  days  after  the  close  of 
the  examination  division  superintendents  shall  forward  the  papers 
to  the  Department  of  Public  Instruction  where,  after  examination 
by  the  State  Board  of  Examiners,  they  shall  be  kept  for  twelve 
months  and  then  destroyed. 

13.  Register    of    applicants    for    certificates. — Every    division 
superintendent  shall  keep  a  register  of  applicants  for  certificates  to 
teach  in  his  division  in  such  form  as  the  Superintendent  of  Public 
Instruction  may  prescribe. 

14.  Certificates,  how  issued. — No  certificate  in  Virginia  issued 
after  April  1,  1912,  shall  be  valid  unless  issued  by  the  Department 
of  Public  Instruction.     All  certificates  issued  on  examination  shall 
be  based  on  questions  prepared  and  papers  graded  by  the  State 
Board  of  Examiners,  as  the  Superintendent  of  Public  Instruction 
may  direct. 

15.  How  and  when  certificates  may  be  extended  or  renewed. — 
A  certificate  may  be  extended  or  renewed  only  by  the  Department 
of  Public  Instruction.    Except  under   unusual   or  special   circum- 
stances no  application  for  extension  or  renewal  will  be  considered 
by  the  Department  of  Public  Instruction  prior  to    April    1st  or 
subsequent  to  September  15th  of  the  year  in  which  the  certificate 
expires.     All  applications  for  renewal  or  extension  of  certificates 
must  be  sent  through  the  division  superintendent,  who  will  be  fur- 
nished with  suitable  blank  forms  for  that  purpose.      (See  regula- 
tion 51) 

Applications  for  certificates  to  graduates  or  students  of  regis- 
tered schools  and  colleges  must  come,  in  all  cases,  through  the  prin- 
cipal or  president  of  the  school  except  in  the  case  of  a  registered 
public  high  school,  in  which  case  the  application  must  come  through 
the  division  superintendent.  Suitable  blank  forms  will  be  fur- 
nished the  officers  mentioned  in  this  paragraph. 


164  Virginia  School  Laws 


16.  What  certificates  shall  state. — A  certificate  issued  on  the 
uniform  examinations  shall  state  the  branches  upon  which  the  holder 
has  heen  examined. 

Every  certificate  shall  bear  on  its  face  the  term  for  which  and 
the  basis  on  which  it  is  issued,  and  shall  state  the  grade  and  char- 
acter of  school  in  which  the  holder  is  entitled  to  teach. 

17.  Endorsement  of  certificate. — To  be  valid  in,  a  particular 
county  or  city  a  certificate  must  be  endorsed  by  the  division  super- 
intendent thereof. 

18.  Contract  not  legal  without  certificate. — Xo  teacher  may 
legally  be  elected  or  paid  by  any  school  board  in  this  State  unless 
his  application  is  accompanied  by  a  statement  from  the  division 
superintendent  of  the  county  or  city  in  which  he  desires  to  teach 
that  the  said  teacher  holds  a  Virginia  certificate  in  full  force  and 
effect,  duly  endorsed  by  the  division  superintendent. 

An  applicant  for  a  school  should  not  send  his  certificate  to  the 
clerk  of  the  school  board,  but  must  send  it  to  the  division  super- 
intendent for  endorsement,  as  provided  in  regulation  17.  It  will 
be  the  division  superintendent's  duty  to  return  the  certificate 
promptly  with  an  accompanying  statement  showing  that  the  cer- 
tificate is,  or  will  be,  valid  in  his  division  for  the  year  in  which  the 
applicant  desires  to  teach.  This  statement  of  the  division  superin- 
tendent must  be  forwarded  to  the  clerk  of  the  school  board,  who 
shall  retain  it  among  his  official  papers,  as  evidence  of  authority  to 
elect  and  contract  with  the  said  applicant.  Any  division  super- 
intendent who  knowingly  permits  a  person  to  teach  in  his  division 
without  a  valid  certificate  duly  endorsed  as  aforesaid,  shall  be  sub- 
ject to  a  fine  of  twenty-five  dollars,  to  be  imposed  by  the  State  Board 
of  Education  and  deducted  from  his  salary. 

19.  May  refuse  to  endorse  applicant's  certificate. — A  division 
superintendent   may,    for   sufficient   reason,    refuse  to   endorse   the 
certificate  of  an  applicant,  provided  that  his  action  in  each  case 
shall  be  promptly  reported  to  the  Superintendent  oi  Public  Instruc- 
tion with  the  reason  for  such  action. 

20.  Certificate  may  be  revoked. — Every  certificate  is  liable  to 
revocation  by  the  division  superintendent  for  cause,  subject  to  an 
appeal  to  the  Superintendent  of  Public  Instruction,  provided  the 
appeal  be  taken  within  sixty  days  from  the  revocation  of  the  cer- 
tificate. 

21.  Registration  and  inspection   of  institutions. — No  institu- 


Regulations  of  the  State  Board  of  Education  165 

tion  in  Virginia  shall  be  registered  as  a  university,  college,  normal 
school,  junior  college,  or  high  school  for  the  issuance  of  certificates 
to  graduates  of  such  school  until  it  has  been  inspected  by  a  repre- 
sentative of  the  State  Board  of  Education  and  the  board  has  acted 
favorably  upon  the  report  of  its  representative. 

Any  institution  which,  after  being  registered  by  the  State  Board 
of  Education,  fails  to  comply  with  the  regulations  of  the  board, 
shall  be  removed  from  the  list  of  registered  institutions. 

22.  Recognition  of  universities  and  colleges  in  other  States. — 
(a)  A  degree  from  a  university  located  outside  of  Virginia,  which 
is  a  member  of  the  Association  of  American  Universities,  or  of  the 
Xational  Association  of  State  Universities,  shall  be  accepted  as  a 
basis  upon  which  a  university  or  collegiate  certificate  may  be  issued. 

(b)  A  university  or  collegiate  degree  of  a  college  outside  of 
Virginia  which  is  accepted  by  a  member  of  the  Association  of  Ameri- 
can Universities  as  a  basis  for  graduate  work  to  the  same  extent 
as  the  degree  of  the  same  name  granted  by  the  said  member  of  the 
association  named,  shall  be  accepted  as  a  basis  upon  which  a  univer- 
sity or  collegiate  certificate  may  be  issued,  provided  a  record  of  the 
work  completed  is  furnished  the  Department  of  Public  Instruc- 
tion by  the  president  or  registrar  of  the  institution  from  which  the 
applicant  is  graduated. 

23.  Recognition  of  certificates  from  other  States- — A  certifi- 
cate issued  by  a  county  or  city  superintendent  in  other  States  will 
not  be  recognized,  but  a  State  certificate,  that  is,  a  certificate  issued 
by  a  State  Board  of  Examiners  or  by  a  State  Superintendent,  from 
a  sister  State,  may  be  recognized  as  a  proper  basis  upon  which  to 
grant  a  Virginia  certificate,  provided  the  applicant  furnishes  the 
Department  of  Public  Instruction  with  official  information  as  to 
moral   character,    educational   training,    experience,    and   the   basis 
upon  which  the  out-of-State  certificate  was  issued. 

24.  Reading  course. — The  reading  course  is  intended  for  all 
teachers  holding  certificates.      It  is  designed  to  give  information 
and  cultivate  a  professional  spirit  among  teachers.      The  reading 
course  for  each  session  will  be  published  prior  to  the  commence- 
ment of  the  school  year. 

The  examination  on  the  reading  course  will  be  held  on  the 
last  day  of  each  regular  examination.  It  will  embrace  questions 
on  the  books  chosen  for  the  year  in  which  the  examinations  are 
given  as  well  as  on  the  History  of  Education. 


166  Virginia  School  Laws 

25.  When  a  teacher  holding  a  third  grade   certificate   is  in- 
eligible.— No  teacher  holding  a  third  grade  certificate  shall  be  elected 
or  chosen  in  any  case  if  a  teacher  holding  a  first  or  second  grade, 
or  any  other  certificate  higher  than  a  third  grade,  is  available. 

26.  Professional  university   certificate. — The  holder  of  a   de- 
gree from  a  graduate  school  of  a  registered  university  hased  upon 
a  curriculum  which  requires  at  least  10  per  cent,  of  piofessional 
work  for  such  degree,  shall  be  granted  a  Professional  University 
Certificate.     This  certificate  shall  continue  in  force  for  ten  years 
and  may  be  renewed  for  a  similar  period  from  time  to  time,   as 
provided  in  regulation  51.     Ift  entitles  the  holder  to  teach  both  high 
and  elementary  school  branches. 

27.  Professional  collegiate  certificate. — The  holder  of  a  bac- 
calaureate  degree  from   a  registered  college  based   upon   a   curri- 
culum which  requires  at  least  10  per  cent,  of  professional  work  for 
such  degree,  shall  be  granted  a  Professional  Collegiate  Certificate. 
This  certificate  shall  continue  in  force  for  ten  years  and  may  be 
renewed  for  a  similar  period  from  time  to  time,,   as  provided  in 
regulation  51.    It  entitles  the  holder  to  teach  both  high  and  elemen- 
tary school  branches. 

28.  State  normal  school  certificate. — The  holder  nf  a  diploma 
from  a  registered  State  normal  school  which  requires  at  least  two 
years  of  professional  work — not  less  than  twenty  hours  per  week 
during  each  year — based  upon  the  standard  four-year  high  school 
course,  which  must  in  every  case  represent  not  less  than  sixteen 
units  of  work,  shall  be  granted  a  State  Normal  School  Certificate. 
This  certificate  shall  continue  in  force  for  ten  years  and  may  be 
renewed  for  a  similar  period  from  time  to  time,   as  provided  in 
regulation  51.    It  entitles  the  holder  to  teach  both  high  and  elemen- 
tary school  branches. 

29.  City  normal  school  certificate. — The  holder  of  a  diploma 
from  a  registered  City  normal  school  which  requires  at  least  two 
years  of  professional  work — not  less  than  twenty  hours  per  week 
during  each  year — based  upon  the  standard  four-year  high  school 
course,  which  must  in  every  case  represent  not  less  than  sixteen 
units  of  work,  shall  be  granted  a  City  Normal  School  Certificate. 
This  certificate  shall  continue  in  force  for  ten  years  and  may  be 
renewed  for  a  similar  period  from  time  to  time,   as  provided  in 
regulation  51.     It  entitles  the  holder  to  teach  both  high  and  elemen- 
tary school  branches. 


Regulations  of  the  State  Board  of  Education  167 

30.  University   certificate. — The   holder   of   a   degree   from   a 
graduate  school  of  a  registered  university  shall  be  granted  a  Univer- 
sity Certificate.     This  certificate  shall  continue  in  force  for  seven 
years  and  may  be  renewed  for  a  similar  period  from  time  to  time, 
as  provided  in  regulation  51.     It  entitles  the  holder  to  teach  both 
high  and  elementary  school  branches. 

31.  Collegiate  certificate. — The  holder  of  a  baccalaureate  de- 
gree from   a   registered  college  or  university   shall   be  granted   a 
Collegiate  Certificate.     This  certificate  shall  continue  in  force  for 
seven  years  and  may  be  renewed  for  a  similar  period  from  time 
to  time,  as  provided  in  regulation  51.    It  entitles  the  holder  to  teach 
both  high  and  elementary  school  branches. 

32.  State   military   institute    certificate. — The   graduate   of    a 
registered  State  military  institute  shall  be  granted  a  State  Military 
Institute  Certificate.      This  certificate  shall  continue  in  force  for 
seven  years  and  may  be  renewed  for  a  similar  period  from  time  to 
time,  as  provided  in  regulation  51.     It  entitles  the  holder  to  teach 
both  high  and  elementary  school  branches. 

33.  State  polytechnic  institute  certificate. — The  graduate  of  a 
registered  State  polytechnic  institute  shall  be  granted  a  State  Poly- 
technic  Institute    Certificate.      This   certificate   shall   continue   in 
force  for  seven  years  and  may  be  renewed  for  a  similar  period 
from  time  to  time,  as  provided  in  regulation  51.     It  entitles  the 
holder  to  teach  both  high  and  elementary  school  branches. 

34.  Junior  college  certificate. — The  graduate  of  a  registered 
institution  in  Virginia  which  does  not  comply  fully  with  the  defi- 
nition of  a  college,  but  which  offers  an  approved  four-year  course, 
embracing  at  least  the  freshman  and  sophomore  work  of  a  standard 
college  and  having  as  required  subjects  not  less  than  one  year's 
work  of  college  grade  in  English,  history,  mathematics  and  science 
shall  be  granted  a  Junior  College  Certificate.     This  certificate  shall 
continue  in  force  for  five  years  and  may  be  renewed  for  a  similar 
period  from  time  to  time,  as  provided  in  regulation  51.     A  Junior 
College  Certificate  may  also  be  granted  to  an  undergraduate  in  a 
registered  college  in  Virginia,  who  has  completed  two  full  years 
or  more  of  college  work,  which  must  include  at  least  one  year  of 
standard  college  work  in  English,,  history,  mathematics  and  science. 
This  certificate  entitles  the  holder  to  teach  both  high  and  elementary 
school  branches. 

35.  Junior  state  normal  certificate. — A  student  completing  one 


168  Virginia  School  Laws 


(junior)  year  of  professional  work  in  a  registered  State  normal 
school — not  less  than  twenty  hours  per  week  during  the  year — when 
the  course  is  based  upon  a  standard  four-year  high  school  course, 
which  must  in  every  case  represent  not  less  than  sixteen  units  of 
work,  shall  be  granted  a  Junior  State  Normal  Certificate.  This 
certificate  shall  continue  in  force  for  seven  years  and  may  be  re- 
newed for  a  similar  period  from  time  to  time,  as  provided  in  regu- 
lation 51.  It  entitles  the  holder  to  teach  only  in  the  elementary 
schools. 

36.  Normal  industrial  certificate. — The   holder   of   a   diploma 
from  a  registered  normal  school,  which  requires  at  least  two  years 
of  combined  professional  and  industrial  work — not  less  than  twenty 
hours  per  week  during  each  year — based  upon  the  standard  two-year 
high  school  course,  which  must  in  every  case  represent  not  less  than 
eight  units  of  work,  shall  be  granted  a  Normal  Industrial  Certifi- 
cate.    This  certificate  shall  continue  in  force  for  seven  years  and 
may  be  renewed  for  a  similar  period  from  time  to  time,  as  provided 
in  regulation  51.     Iti  entitles  the  holder  to  teach  only  in  the  elemen- 
tary schools. 

37.  Elementary  professional  certificate. — The  Elementary  Pro- 
fessional Certificate  which  was  issued  upon  the  completion  of  one 
year  of  professional  work  in  a  registered  State  normal  school,  when 
the  course  was  based  upon  a  standard  three-year  high  school  amuse, 
has  been  discontinued,  but  the  holder  of  such  certifiacte  may  have 
it  renewed  as  a  professional  first  grade  certificate,  under  regula- 
tion  51.     It  entitles  the  holder  to   teach  only  in  the  elementary 
schools. 

38.  High  school  training  certificate. — A  student  completing  the 
course  of  study  prescribed  for  a  normal  training  high  school,  which 
in  every  case  requires  four  units  in  English,  three  in  mathematics, 
two  in  history,  two  in  science,  three  electives,  and  three  units  in 
normal  training,  shall  be  granted  a  High  School  Training  Certifi- 
cate.     This  certificate  shall  continue  in  force  for  three  years,   at 
the  close  of  which  period,  upon  a  satisfactory  State  examination 
in  the  History  of  Education  and  one  book  of  the  State  reading 
course,  together  with  satisfactory  evidence  that  the  holder  has  been 
a  successful  teacher,  the  certificate  shall  be  extended  four  years,  and 
thereafter  may  be  renewed  for  a  period  of  seven  years  from  time 
to  time,  as  provided  in  regulation  51.    It  entitles  the  holder  to  teach 
only  in  the  elementary  schools. 


Regulations  of  the  State  Board  of  Education  169 

39.  Summer  school  professional  certificate. — The  holder  of  a 
Virginia  first  grade  certificate  issued  in  accordance  with  the  pro- 
visions of  regulation  44,  or  by  the  State  Board  of  Examiners,  or  the 
holder  of  a  Virginia  first  grade  high  school  certificate  who  has  had 
at  least  five  months  of  actual  teaching  experience  before  entering 
upon  the  work  prescribed  for  a  Summer  School  Professional  Certifi- 
cate, shall  be  granted  a  Summer  School  Professional  Certificate, 
under  the  terms  and  conditions  hereinafter  stated.  This  certificate 
shall  continue  in  force  for  seven  years  and  may  be  renewed  for  a 
similar  period  from  time  to  time,  as  provided  in  regulation  51.  The 
certificate  which  entitles  the  holder  to  enter  upon  the  course  of  study 
herein  outlined  must  be  filed  with  and  approved  by  the  conductor 
of  the  summer  school  before  the  applicant  may  be  registered  and 
admitted  to  classes.  It  entitles  the  holder  to  teach  only  in  the  elemen- 
tary schools.* 

The  certificate  which  entitles  a  teacher  to  enter  upon  and  pur- 
sue the  course  of  study  provided  for  a  Summer  School  Professional 
Certificate  may  be  revived  or  extended  for  one  year  from  time  to 
time,  provided  the  holder  completes  successfully  that  portion  of  the 
professional  work  prescribed  for  the  year  during  which  the  exten- 
sion is  applied  for,  but  no  certificate  which  has  expired  shall  be 
revived  for  more  than  one  year  upon  the  basis  of  completing  any 
one  year  of  professional  work. 

Courses  leading  to  the  Summer  School  Professional  Certificate 
shall  be  offered  only  in  a  school  conducted  at  a  registered  college  or 
normal  school  in  Virginia  and  in  out-of-State  schools  whose  pro- 
fessional courses  have  been  approved  and  registered  by  the  State 
Board  of  Education ;  and  an  applicant  for  this  certificate  must 
make  at  least  75  per  cent,  on  class  standing  and  examination  on 
the  subjects  required  for  the  certificate.  The  work  must  be  com- 
pleted within  a  period  of  five  years  from  the  date  of  beginning  if 
taken  in  summer  terms  of  four  weeks  each,  or  in  four  years  if  taken 
in  summer  terms  of  six  weeks  each,  and  shall  cover  at  least  three 
terms  of  four  weeks  each,  or  two  terms  of  six  weeks  each,  occupying 
a  minimum  of  300  recitation  periods  of  at  least  forty  minutes  each, 
provided  that  courses  of  college  grade  shall  occupy  a  minimum  of 
180  recitation  periods  of  at  least  sixty  minutes  each. 

*NOTE. — Hereafter  the  holder  of  the  Special  First  Grade  Certificate  de- 
scribed in  regulation  53  will  also  be  permitted  to  enter  upon  the  work  re- 
quired for  a  Summer  School  Professional  Certificate — Primary  or  Grammar 
Grade,  but  will  not  be  eligible  to  enter  upon  the  work  prescribed  for  a 
Summer  School  Professional  Certificate — Advanced  Grade. 


170  Virginia  School  Laws 

(a)  The  course  for  a  Summer  School  Professional  Certificate — 
Primary  Grade — must  embrace  the  following:  principles  of  teach- 
ing, with  special  emphasis  on  how  to  study,  hygiene,  drawing,  pri- 
mary industrial  work,  music  and  games;  primary  methods  in  read- 
ing,   language,    arithmetic,   nature   study   and   geography,    observa- 
tion work  and  practice  teaching. 

This  certificate  entitles  the  holder  to  teach  only  in  the  elemen- 
tary schools. 

(b)  The  course  for  the  Summer  School  Professional  Certifi- 
cate— Grammar  Grade,  must  embrace  the  following:  principles  of 
teaching,  including  how  to  study,  hygiene,  drawing,  manual  train- 
ing or  domestic  economy  or  elementary  agriculture  and  school  gar- 
dening;  methods  of  teaching  language,   reading,   literature,   arith- 
metic,  civics,  history,   and  geography;   advanced  observation  work 
and  practice  teaching. 

This  certificate  entitles  the  holder  to  teach  only  in  the  elementary 
schools. 

(c)  The     course     for     the     Summer     School     Professional 
Certificate — Advanced  Grade,  must  embrace  the  following  courses  of 
college  grade :     Two  required  courses — English  and  education ;  four 
elective  courses — to  be  chosen  from  anv  of  the  f ollowins;  branches : 

*/  O 

Agriculture,  biology,  field  botany,  chemistry,  domestic  economy, 
drawing,  French,  geography,  German,  history,  hygiene  and  sanita- 
tion, Latin,  literature,  library  methods,  manual  training,,  mathe- 
matics, music,  philosophy,  physics,  and  psychology. 

This  certificate  entitles  the  holder  to  teach  only  in  the  elemen- 
tary schools. 

40.  Professional  first  grade  certificate. — The  holder  of  a  Vir- 
ginia first  grade  certificate,  issued  under  the  provisions  of  regulation 
44,  since  July  1,  1906,  who  completes  the  prescribed  course  in  the 
normal  training  department  of  a  first  grade  Virginia  high  school, 
or  one  year  of  professional  work  in  a  registered  Virginia  normal 
school,  shall  be  granted  a  Professional  First  Grade  Certificate.    This 
certificate  shall  continue  in  force  for  seven  years  and  may  be  re- 
newed for  a  similar  period  from  time  to  time,  as  provided  in  regu- 
lation 51.     It  entitles  the  holder  to  teach  only  in  the  elementary 
schools. 

41.  Industrial  first  grade   certificate. — The  holder  of   a  Vir- 
ginia first  grade  certificate  or  first  grade  high  school  certificate,  who 
has  had  at  least  five  months  of  actual  teaching  experience  before  en- 


Regulations  of  the  State  Board  of  Education  171 

tering  upon  the  work  prescribed  for  an  industrial  first  grade  certifi- 
cate, shall  be  granted  an  Industrial  First  Grade  Certificate,  under  the 
terms  and  conditions  hereinafter  stated.  This  certificate  shall  con- 
tinue in  force  for  seven  years  and  may  be  renewed  for  a  similar 
period  from  time  to  time,  as  provided  in  regulation  51.  The  cer- 
tificate which  entitles  the  holder  to  enter  upon  the  course  of  study 
herein  outlined  must  be  presented  to  and  approved  by  the  conductor 
of  the  summer  school  before  he  may  be  registered  and  admitted  to 
classes.  It  entitles  the  holder  to  teach  only  in  the  elementary 
schools. 

The  certificate  which  entitles  a  teacher  to  enter  upon  and  pur- 
sue the  course  of  study  provided  for  an  industrial  first  grade  cer- 
tificate may  be  revived  or  extended  for  one  year  from  time  to  time, 
provided  the  holder  completes  successfully  that  portion  of  the  pro- 
fessional work  prescribed  for  the  year  during  which  the  extension 
is  applied  for,  but  no  certificate  which  has  expired  shall  be  revived 
for  more  than  one  year  upon  the  basis  of  completing  any  one  year 
of  professional  work. 

Courses  leading  to  the  Industrial  First  Grade  Certificate  shall 
be  offered  only  in  a  school  conducted  at  a  registered  college  or  nor- 
mal school  in  Virginia,  and  an  applicant  for  the  same  shall  make 
at  least  75  per  cent,  on  class  standing  and  examination  on  the  sub- 
jects required  for  the  certificate.  The  work  must  be  completed 
within  five  years  from  the  date  of  beginning  and  shall  cover  at  least 
three  terms  of  four  weeks  each,  or  two  terms  of  six  weeks  each,  oc- 
cupying a  minimum  of  300  recitation  periods  of  at  least  forty  min- 
utes each. 

The  course  must  embrace  the  following:  Arithmetic  (primary 
and  grammar  grades),  American  history,  civics  (with  special  ref- 
erence to  community  life),  English  composition  (including  spell- 
ing, penmanship,  punctuation  and  grammar),  geography  (primary 
and  grammar  grades),  hygiene,  principles  of  teaching  (with  special 
emphasis  on  how  to  study),  methods  in  teaching  arithmetic,  read- 
ing and  language,  agriculture  and  any  three  of  the  following:  bench 
work,  cobbling,  cooking,  poultry  raising,  sewing  and  household  handi- 
crafts, including  glazing,  mending  tinware,  whitewashing  and  chair 
mending.* 

*NOTE. — Hereafter  the  holder  of  the  Special  First  Grade  Certificate  de- 
scribed in  regulation  53  will  also  be  permitted  to  enter  upon  the  work  re- 
quired for  an  Industrial  First  Grade  Certificate. 


172  Virginia  School  Laws 

42.  First  grade  high  school  certificate. — (a)    The  graduate  of 
a  Virginia  high  school  having  the  four-year  course  of  study    (16 
units)   prescribed  and  approved  by  the  State  Board  of  Education 
for  an  accredited  first  grade  high  school,  shall  be  granted  a  First 
Grade  High  School  Certificate.     This  certificate  shall  continue  in 
force  for  two  years  and  shall  not  be  renewable,  but  may  be  extended 
from  year  to  year,  provided  the  holder  pursues  successfully  one  of 
the  courses  outlined  under  regulations  39,  41;  and  50,  and  completes 
that  portion  of  the  professional  work  prescribed  for  the  year  dur- 
ing which  the  extension  is  applied  for. 

(b)  A  graduate  of  a  Virginia  private  preparatory  school  which 
has  a  course  fully  the  equivalent  of  the  course  required  for  an  ac- 
cr&dited  first  grade  high  school  and  which  has  been  duly  inspected 
and  accredited  by  the  State  Board  of  Education,  may  be  granted  a 
First  Grade  High  School  Certificate,  which  may  be  extended  as 
provided  in  paragraph  a  of  this  regulation. 

(c)  A  student  who  completes   at  least  one  year  of  standard 
college  work  (fifteen  hours)  in  a  registered  college  or  junior  college 
in  Virginia  shall  be  granted  a  First  Grade  High  School  Certificate, 
which  may  be  extended  as  provided  in  paragraph  a  of  this  regula- 
tion. 

A  First  Grade  High  School  Certificate  entitles  the  holder  to 
teach  only  in  the  elementary  schools. 

43.  Second  grade  high  school  certificate. — A  graduate  of  a  Vir- 
ginia high  school,  having  only  a  three-year  course  of  study    (12 
units)   prescribed  and  approved  by  the  State  Board  of  Education 
for  an  accredited  second  grade  high  school,  shall  be  granted  a  Second 
Grade  High  School  Certificate.     This  certificate  shall  continue  in 
force  for  one  year,  and  shall  not  be  renewed  or  extended.    It  entitles 
the  holder  to  teach  only  in  the  elementary  schools.    This  certificate 
cannot  be  used  as  the  basis  of  professional  work  at  summer  schools. 

44.  First  grade  certificate. — To  obtain  a  First  Grade  Certifi- 
cate the  applicant  must  be  at  least  nineteen  years  old,  must  have  had 
nine  months  of  successful  experience  in  teaching,  must  make  an 
average  of  85  per  cent,  on  the  following  subjects:     Spelling,  read- 
ing, writing,  arithmetic,  elementary  algebra  to  quadratics,  grammar 
(including  composition),  geography,  history  of  the  United  States, 
history  of  Virginia,  civil  government  (including  the  government  of 
Virginia),  drawing,  theory  and  practice  of  teaching,  physiology  and 
hygiene,  one  branch  of  science   (either  physical  geography  or  ele- 


Regulations  of  the  State  Board  'of  Education  173 

mentary  agriculture),  and  one  division  of  history  (either  general 
or  English),  and  must  not  fall  below  70  per  cent,  on  any  subject. 

A  First  Grade  Certificate  based  on  the  foregoing  requirements 
shall  continue  in  force  for  five  years  and  may  be  renewed  for  a  simi- 
lar period  from  time  to  time  upon  satisfactory  evidence  that  the 
holder  has  taught  successfully  for  at  least  three  of  the  five  years  (in 
Virginia),  and  that  the  other  requirements  of  regulation  51  are 
fulfilled. 

This  certificate  entitles  the  holder  to  teach  only  in  the  elementary 
schools. 

An  applicant  who  makes  the  First  Grade  average  on  the  re- 
quired subjects,  but  who  has  not  had  the  requisite  experience,  will 
be  issued  a  Second  Grade  Certificate,  which  may  be  changed  to  a 
First  Grade  Certificate  after  nine  months  of  successful  teaching. 

A  First  Grade  Certificate  issued  by  a  division  superintendent 
of  Virginia,  which  has  finally  expired,  may  be  exchanged  for  a  new 
First  Grade  Certificate,  provided  the  holder  passes  the  examination 
on  the  added  subjects  for  a  new  First  Grade  Certificate,  which  are 
elementary  algebra  to  quadratics,  general  or  English  history,  and 
either  physical  geography  or  elementary  agriculture. 

45.  Industrial  second  grade  certificate.- — The  holder  of  a  sec- 
ond grade  or  elementary  (colored)  Certificate,  who  has  had  at  least 
five  months  of  actual  teaching  experience,  shall  be  granted  an  Indus- 
trial Second  Grade  Certificate  under  the  terms  and  conditions  herein- 
after stated.  This  certificate  shall  continue  in  force  for  four  years, 
and  may  be  renewed  for  a  similar  period  from  time  to  time,  as  pro- 
vided in  regulation  51.  The  certificate  which  entitles  the  holder  to 
enter  upon  and  pursue  the  course  of  study  herein  outlined  must  be 
filed  with  and  approved  by  the  conductor  of  the  summer  school  be- 
fore the  applicant  can  be  registered  and  admitted  to  classes.  It  en- 
titles the  holder  to  teach  only  in  the  elementary  schools. 

The  work  for  this  certificate  must  be  completed  within  the 
same  period  and  shall  be  of  the  same  character  and  extent  as  the 
work  required  for  an  Industrial  First  Grade  Certificate,  the  terms 
of  granting  this  certificate  being  identical  with  those  governing  the 
Industrial  First  Grade  Certificate,  except  the  provision  that  it  is 
open  to  the  holder  of  a  Second  Grade  or  the  Elementary  (colored) 
Certificate,  which  may  be  extended  for  one  year  from  time  to  time, 
provided  the  holder  has  completed  successfully  at  least  one-fourth 


174  Virginia  School  Laws 


of  the  required  course  during  the  year  that  the  extension  is  applied 
for. 

46.  Elementary  certificate. — The  graduates  of  such  colored  sec- 
ondary schools  as  have  completed,  in  addition  to  the  seven  grades 
of  elementary  work  as  outlined  in  the  State  requirements,  two  years 
of  high  school  work,  or  eight  units,  shall  be  granted  an  Elementary 
Certificate  good  for  one  year  and  renewable  for  a  similar  period 
under  the  terms  and  conditions  set  forth  in  regulation  51.     This 
certificate  entitles  the  holder  to  teach  only  in  the  elementary  schools. 

The  course  offered  must  include  the  following  subjects:  (1) 
English:  grammar,  composition  and  literature;  (2)  mathematics: 
elementary  algebra  to  quadratics,  review  of  arithmetic;  (3)  Ameri- 
can history  and  civics;  (4)  hygiene  and  sanitation;  (5)  school 
management  and  methods;  (6)  industrial  work  (which  must  oc- 
cupy not  less  than  80  minutes  a  day  throughout  the  high  school 
course  and  shall  count  for  one  unit  in  each  year's  work).  The  holder 
of  this  certificate  shall  be  qualified  to  begin  work  for  the  Industrial 
Second  Grade  Certificate  after  one  term  of  successful  teaching  ex- 
perience in  the  public  schools  of  Virginia. 

47.  Second  grade  certificate- — To  obtain  a  Second  Grade  Cer- 
tificate the  applicant  must  not  be  less  than  eighteen  years  old,  and 
must  make  an  average  of  75  per  cent,  on  the  following  subjects: 
Spelling,  reading,  writing,  arithmetic   (including  business  forms), 
grammar  (including  composition),  geography,  history  of  the  United 
States,  history  of  Virginia,  civil  government   (including  the  gov- 
ernment of 'Virginia),   drawing,  theory  and  practice  of  teaching, 
physiology  and  hygiene,  and  must  not  fall  below  60  per  cent,  on  any 
subject. 

This  certificate  shall  continue  in  force  for  a  period  of  two  years 
and  may  be  renewed  for  a  similar  period,  as  provided  in  regulation 
51.  It  is  subject  to  -only  one  renewal,  and  entitles  the  holder 
to  teach  only  in  the  elementary  schools. 

48.  Third  grade  certificate. — To  obtain  a  Third  Grade   Cer- 
tificate the  applicant  must  be  at  least  eighteen  years  old,  must  make 
an  average  of  60  per  cent,  on  spelling,  reading,  writing,  arithmetic 
(including  business  forms),  grammar  (including  composition),  ge- 
ography, history  of  the  United  States,  history  of  Virginia,   civil 
government  (including  the  government  of  Virginia),  physiology  and 
hygiene,  and  must  not  fall  below  45  per  cent,  on  any  subject. 

This  certificate  shall  continue  in  force  for  one  year  and  shall 


Regulations  of  the  State  Board  of  Education  175 

not  be  renewed.  It  entitles  the  holder  to  teach  only  in  the  elemen- 
tary schools. 

4D.  ^/ifcial  certificate. — The  holder  of  a  Virginia  first  grade 
or  high  school  certificate  may  be  granted  a  Special  Certificate  if 
engaged  to  teach  special  subjects,  such  as  kindergarten,  nature  study 
or  commercial  branches.  This  certificate  shall  continue  in  force  for 
five  years  and  may  be  renewed  for  a  similar  period  fro^n  time  to 
time,  as  provided  in  regulation  51. 

The  foregoing  provisions  shall  also  apply  to  a  teacher  of  music, 
drawing,  manual  training  or  domestic  science,  except  that  such 
teacher  shall  not  be  required  to  hold  a  first  grade  or  a  high  school 
certificate  as  a  prerequisite  to  granting  him  a  Special  Certificate. 
Xo  teacher  shall  be  granted  a  Special  Certificate  unless  his  training 
is  shown  to  have  been  adequate  for  the  duties  he  is  expected  to  per- 
form.* 

A  further  exception  is  made  in  the  case  of  an  applicant  for  a 
special  certificate  to  teach  commercial  branches,  who  shall  be  per- 
mitted to  take  the  regular  State  examination  on  arithmetic,  gram- 
mar and  civil  government  and  offer  grades  of  not  less  than  85  per 
cent,  on  each  of  these  subjects  in  lieu  of  presenting  a  first  grade  or 
high  school  certificate. 

50.  Requirements  for  teachers  of  high  school  branches. — An 
applicant  who  wishes  to  teach  one  or  more  subjects  in  the  public 
high  schools  of  Virginia  may  procure  qualifying  certificates  by  com- 
plying with  the  provisions  of  any  of  the  four  following  sub-sec- 
tions : 

(a)  Certificate   on   Diploma. — See   provisions   for   certificates 
mentioned  in  regulations  26-34,  inclusive. 

(b)  Certificate  on  Partial  Completion  of  College  Course.  —A 
student  of  any  accredited  university  or  college  may  be  issued  a  spe- 
cial certificate  without  further  examination  in  any  branch  in  which 
he  holds  a  diploma  or  certificate  from  such  university  or  college, 
granted  for  the  completion  of  at  least  two  years  of  work  of  college 
grade. 

This  special  certificate  shall  continue  in  force  for  five  years, 
and  may  be  renewed  for  a  similar  period  from  time  to  time,  as  pro- 
vided in  regulation  51. 

(c)  Certificate    on    State    Examination. — An    applicant    who 

*NOTE. — Special  certificates  covering  the  various  subjects  taught  in  city 
night  schools  may  be  issued  under  the  provisions  of  the  foregoing  paragraph 
of  this  section.  i 


176  Virginia  School  Laws 

passes  a  successful  examination,  making  a  grade  of  not  less  than  80 
per  cent,  on  one  or  more  high  school  subjects,  may  be  granted  a  spe- 
cial certificate  entitling  him  to  teach  such  subjects.  These  exami- 
nations will  be  prepared  by  the  Department  of  Public  Instruction. 

Those  wishing  to  be  examined  at  the  April  examination  on 
such  higher  branches  must  notify  the  Department  of  Public  Instruc- 
tion not  later  than  March  15th,  stating  the  subjects  they  intend  to 
take  and  the  county  or  city  to  which  examination  questions  should 
be  sent.  Similar  notice  should  be  given  the  superintendent  of  the 
division  in  which  the  applicants  purpose  taking  the  examination. 

Requests  for  the  July  examination  must  be  sent  to  the  Depart- 
ment of  Public  Instruction  not  later  than  June  15th  of  the  year  in 
which  the  examination  is  to  be  held.  Notice  should  also  be  given 
the  superintendent  of  the  division  in  which  the  applicants  purpose 
taking  the  examination.  / 

An  applicant  may  take  as  many  subjects  as  he  desires.  These 
examinations  will  be  given  in  each  regular  State  examination  as 
follows:  first  day,  English  (grammar,  rhetoric  and  composition, 
English  and  American  literature),  French  (grammar  and  transla- 
tion), German  (grammar  and  translation)  ;  second  day,  mathematics 
(algebra,  plane  and  solid  geometry)  ;  science  (physical  geography, 
botany,  agriculture,  zoology,  physics  and  chemistry)  ;  third  day,  his- 
tory (ancient,  mediaeval  and  modem,  English  and  American,  and 
civics);  Latin  (grammar. and  composition,  translation  of  Caesar, 
Cicero  and  Virgil). 

The  separate  subjects  mentioned  in  the  foregoing  paragraph 
(except  science)  must  be  taken  in  their  entirety.  An  average  of  80 
per  cent,  on  the  whole,  with  a  minimum  of  70  per  cent,  on  any  sub- 
division of  each  high  school  branch  is  required,  except  in  the  case 
of  science,  in  which  a  special  certificate  may  be  issued  on  each  sub- 
division, provided  the  grade  be  80. 

This  certificate  shall  continue  in  force  for  five  years,  and  may 
be  renewed  for  a  similar  period  from  time  to  time,  as  provided  in 
regulation  51.  It  entitles  the  holder  to  teach  all  the  elementary 
school  branches,  but  only  the  high  school  branches  nam>ed  in  the  cer- 
tificate. 

(d)  Summer  School  Professional  Certificate — College  Grade- 
Minimum  Entrance  Requirements. — The  holder  of  a  Virginia  First 
Grade  High  School  Certificate  or  the  holder  of  a  Virginia  First 
First  Grade  Certificate  who  presents  satisfactory  evidence  of  having 


Regulations  of  the  State  Board  of  Education  177 

completed  the  equivalent  of  a  standard  four-year  high  school  course, 
shall  be  granted  a  Summer  School  Professional  Certificate — College 
Grade,  under  the  terms  and  conditions  hereinafter  stated. 

The  certificate  and  other  credentials  which  entitle  the  appli- 
cant to  enter  upon  and  pursue  the  course  of  study  herein  outlined 
must  be  presented  to  and  approved  by  the  conductor  of  the  summer 
school  before  the  applicant  can  be  registered  and  admitted  to 
classes. 

The  Summer  School  Professional  Certificate — College  Grade, 
entitles  the  holder  to  teach  all  the  elementary  branches,  but  only  the 
high  school  branches  named  in  the  certificate. 

General  Requirements. — The  courses  prescribed  in  any  of  the 
branches  hereinafter  stated  for  the  Summer  School  Professional 
•Certificate — College  Grade,  must  embrace  no  work  unless  it  be  of 
College  Grade,  requiring  minimum  hours  or  recitation  periods  of 
sixty  minutes  each.  These  courses  must  be  taken  in  a  summer 
school  at  a  registered  college  or  university  and  must  be  completed 
within  a  period  of  three  years  from  the  date  of  beginning.  In  all 
cases  a  statement  of  each  professor  under  whom  the  course  is  pur- 
sued, to  the  effect  that  the  applicant  is  highly  proficient  in  his  branch- 
must  accompany  the  final  report. 

The  following  "Content  Table"  gives  the  number  of  hours  or 
recitation  periods  required  in  each  branch,  and  in  addition  thereto 
the  applicant  must  complete  a  course  of  thirty  hours  in  educational 
psychology  and  the  principles  of  teaching: 

Content  Table 

Agriculture,  90  hours. 

Botany,   60  hours. 

Chemistry,  150  hours,  of  which  60  hours  must  be  laboratory 
work. 

Drawing,   90  hours. 

English,  120  hours,  including  30  hour»  in  English  Grammar, 
30  hours  in  Rhetoric  and  Composition,  and  (10  hours  in  English  and 
American  Literature. 

Domestic  Science,  90  hours. 

French,  90  hours. 

German,    90   hours. 

History,  120  hours,  including  60  hours  in  General  History,  30 


178  Virginia  School  Laws 

hours  in  English  History,  and  30  hours  in  American  History  and 
Civics. 

Latin,  90  hours,  including  a  review  of  Caesar,  Cicero  and  Virgil. 

Manual  Training,  90  hours. 

Mathematics,  120  hours,  including  Algebra,  Plane  and  Solid 
Geometry,  and  Plane  Trigonometry. 

Music,  90  hours. 

Physics,  150  hours,  of  which  60  shall  be  laboratory  work. 

Physical  Geography,  60  hours. 

Zoology,  60  hours. 

This  certificate  shall  continue  in  force  for  seven  years,  and 
may  be  renewed  for  a  similar  period  from  time  to  time,  as  provided 
in  regulation  51. 

N.  B. — This  course  must  not  be  given  at  any  school  in  Virginia  unless 
it  is  specially  mentioned  and  advertised  in  its  literature;  no  supposedly 
equal  course  at  any  other  than  a  designated  summer  school  will  be  recog- 
nized or  accepted  by  the  Department  of  Public  Instruction. 

51.  How  certificates  may  be  renewed. — All  certificates,  except 
those  mentioned  in  regulations  38,  42,  43,  and  48,  shall  be  renewed 
under  the  following  requirements  and  conditions: 

1.  The  holder  must  furnish  evidence  that  he  has  been  a  suc- 
cessful teacher. 

2.  He  must  make  a  written  statement  on  the  back  of  his  cer- 
tificate to  the  effect  that  he  has  read  five  books  of  the  State  Head- 
ing Course  (giving  the  names  of  the  books)  during  the  life  of  the 
certificate  to  be  renewed  or  since  its  date  of  issuance.     These  books 
may  be  chosen  from  any  of  those  mentioned  in  the  State  Reading 
Course,  whether  adopted  for  the  current  year  or  not. 

3.  In  addition  to  the  foregoing,  he  must  either  attend  an  ap- 
proved summer  school  or  institute  for  at  least  twenty  consecutive 
days  during  the  life  of  the  certificate  or  within  sixty  days  after  it 
expires,   and  must  diligently  pursue  the  course  of  study    (taking 
not  less  than  three  classes)    prescribed  by  the  conductor  of  such 
school ;  or  he  must  pass  a  successful  examination  on  at  least  two  of 
the  books  of  the  Reading  Course,  unless  the  History  of  Education 
is  chosen,  in  which  event  no  second  book  will  be  required. 

NOTE. — Notwithstanding  what  is  stated  in  the  preceding  paragraph, 
it  is  stipulated,  and  must  be  understood,  that  no  attendance  upon  a  sum- 
mer school,  which  is  used  and  counted  in  earning  or  completing  a  certifi- 
cate, may  be  offered  for  the  renewal  of  said  certificate. 


Regulations  of  the  State  Board  of  Education  179 

4.  The  examinations  prepared  for  the  Reading  Course  from 
year  to  year  include  questions  only  on  the  History  of  Education  and 
the  books  adopted  for  the  school  year  immediately  preceding  the  date 
of  the  examinations.* 

52.  Old  professional  certificates. — Certificates  issued  upon  the 
professional  course  of  study  prescribed  by  the  State  Board  of  Educa- 
tion in  1905  and  revised  in  1907  may  be  renewed,  under  the  pro- 
visions of  regulation  51,  as  Professional  First  Grade  Certificates. 

53.  Service  certificates. — (a)   Virginia  changed  from  a  county 
to  a  State  system  of  certification  in  1905.     In  order  that  the  transi- 
tion might  be  made  with  as  little  friction  and  shock  to  the  system 
as  possible,  a  service  certificate,  called  a  Special  First  Grade  Cer- 
tificate, was  in  1908  issued  to  every  teacher  who  had  held  a  first 
grade  certificate  six  years  immediately  prior  to  1907,  and  who  pre- 
sented to  the  State  Board  of  Examiners  satisfactory  evidence  of  suc- 
cessful experience  in  the  public  schools  of  Virginia  for  the  said  six 
years,  accompanied  by  a  recommendation  from  the  superintendent 
of  the  division  in  which  he  last  taught.     This  certificate  continued 
in  force  for  five  years,  and  it  was  provided  that  it  might  be  re- 
newed for  a  similar  period  from  time  to  time  as  provided  in  regu- 
lation 51.     It  entitles  the  holder  to  teach  only  in  the  elementary 
schools. 

(b)  During  1912-1913  a  further  step  was  taken  to  bring  the 
high  schools  also  under  a  regular  system  of  certification.  This  ne- 
cessitated the  establishment  of  a  system  of  service  certificates  for 
high  school  teachers.  Every  teacher  who  had  taught  any  high  school 
branch  successfully  for  at  least  three  years  prior  to  July  1,  .1913, 
while  holding  a  junior  State  normal,  high  school  training,  summer 
school  professional,  professional  first  grade,  industrial  first  grade, 
high  school  or  first  grade  certificate,'  was  issued  a  "special  ser- 
vice certificate"  restricted  to  the  branches  actually  and  suc- 
cessfully taught  as  aforesaid.  It  was  provided  that  this  certifi- 
cate should  continue  in  force  for  five  years  and  that  it  might  be 
renewed  for  a  similar  period  from  time  to  time  as  provided  in  reg- 

*NOTE. — All  applications  for  renewal  or  extension  of  certificates  must 
be  sent  through  the  division  superintendent,  who  will  be  furnished  with 
suitable  blank  forms  for  that  purpose.  All  teachers  who  take  the  State  ex- 
amination on  the  Reading  Course  are  required  to  fill  out  Form  E-  No.  2  R, 
and  attach  to  same  the  certificate  to  be  renewed. 


180  Virginia  School  Laws 

illation  51.      This  certificate  entitles  the  holder  to  teach  the  ele- 
mentary branches  and  the  high  school  branches  named  therein. 

54.  Life  diplomas. — Under  the  provisions    of    regulation    29, 
page  84,  of  the  School  Laws  of  1901,  life  diplomas  were  issued  on 
rigid  and  comprehensive  State  examinations.     These  life  diplomas 
are  still  in  full  force  and  effect,  and  teachers  holding  them  are  au- 
thorized to  teach  in  both  high  and  elementary  schools. 

55.  Division  of  examinations — Provisional   certificates. — Two 
examinations  shall  be  held  each  year — one  in  April  and  the  other  in 
July,  and  applicants  who  desire  to  divide  the  examinations  may  do 
so  under  the  following  provisions : 

(a)  An  applicant  may  take  part  of  the  examination  for  a 
First,  Second,  or  Third  Grade  Certificate  in  the  spring  and  the  re- 
mainder in  the  summer,  provided  he  attends  a  Virginia  summer 
school  or  institute  for  at  least  twenty  days  in  the  meantime. 

(&)  An  applicant  may  take  one-half  or  more  of  the  required 
subjects  for  a  First  or  Second  Grade  Certificate  at  the  summer  ex- 
amination immediately  at  the  close  of  the  summer  school  or  inti- 
tute  where  he  has  been  in  attendance  for  at  least  twenty  days.  If 
he  shall  attain  not  less  than  85  per  cent,  on  each  of  seven  of  the 
subjects  required  for  a  first  grade  certificate,  or  not  less  than  75  per 
cent,  on  each  of  six  of  the  subjects  required  for  a  first  grade  certificate, 
including  arithmetic  and  grammar  in  both  cases,  all  other  requisites 
being  fulfilled,  he  shall  be  given  a  Provisional  First  Grade,  or  a 
Provisional  Second  Grade  Certificate,  as  the  case  may  be,  good  for 
one  year  only  and  not  subject  to  renewal.  The  examination  on 
which  a  Provisional  First  or  a  Provisional  Second  Grade  Certificate 
is  issued  must  be  completed  at  the  next  spring  or  summer  examina- 
tion, when  the  results  of  both  examinations  will  be  combined  and  an 
appropriate  certificate,  bearing  the  date  of  the  provisional  certifi- 
cate, will  be  issued  under  the'  general  rules  and  regulations  pertain- 
ing to  certificates.  In  every  case,  the  examinations  to  ~be  combined 
must  be  taken  within  fifteen  months  of  each  other. 

(c)  When  the  course  is  divided,  as  stated  in  the  preceding 
paragraph,  only  two  examinations  may  be  combined,  and  one  of 
these  must  be  taken  at  a  State  summer  institute  after  a  regular  at- 
tendance of  at  least  twenty  consecutive  days  (one  hundred  recita- 
tion periods  of  at  least  40  minutes  each).  No  Provisional  Certifi- 
cate will  be  issued  on  that  part  of  the  examination  taken  prior  to 
the  session  of  the  summer  institute  referred  to  in  this  paragraph. 


Regulations  of  the  State  Board  of  Education  181 

Note  also  what  is  stated  in  the  next  paragraph  on  the  subject  of 
dividing  examinations. 

(d)  The  privilege  of  dividing  the  course  for  a  First,  Second, 
or  Third  Grade  Certificate  shall  also  he  granted  to  any  teacher  who 
completes  in  a  satisfactory  manner  100  periods  of  work,  as  afore- 
said, in  the  spring  course  of  a  normal  training  high  school,  or  a 
similar  amount  of  work  in   a   registered  Virginia  normal   school, 
during  the  regular  term,  provided  the  course  is  approved  by  the 
Department  of  Public  Instruction.     The  first  part  of  the  divided 
course  may  be  taken  at  either  the  spring  or  summer  examination 
next  succeeding  the  spring  course  in  the  normal  training  high  school 
or  State  normal.     If  taken  at  the  spring  examination,  it  may  be 
completed  at  the  summer  examination  or  at  the  following  spring 
or  summer  examination  without  attendance  upon  a  summer  school 
or  institute.* 

(e)  Only  two  examinations  may  be  combined  for  a  Second  or 
Third  Grade  Certificate,  but,  when  a  teacher,  by  a  combination  of 
two  examinations   (one  of  which  was  taken  at  a  summer  normal 
after  an  attendance  of  20  days  thereon),  has  made  an  average  of 
85  per  cent,  on  the  twelve  subjects  required  for  a  Second  Grade 
Certificate,  not  falling  below  70  per  cent,  on  any  subject,  he  may 
combine  these  grades  with  a  third  examination  on  the  three  added 
subjects   required   for   a   First   Grade   Certificate    (which   are   ele- 
mentary   algebra,    either   physical   geography   or    agriculture,    and 
either  general   or   English   history)  ;    provided,   however,    that   the 
third,  or  last,  examination  comes  within  fifteen  months  of  the  sec- 
ond examination.     In  no  case  will  a  combination  of  three  exami- 
nations be  allowed  unless  one  of  the  examinations  is  taken  at  a 
summer  school  after  an  attendance  of  at  least  twenty  days  thereon. 

(/)  On  account  of  the  great  amount  of  investigation  and 
bookkeeping  involved,  the  Department  of  Public  Instruction  can- 
not undertake  to  duplicate  reports  of  examinations  that  may  have 
been  lost  or  destroyed  by  applicants  desiring  the  benefits  of  a  com- 
bination, and  an  applicant  who  seeks  the  advantages  offered  by  this 
regulation  must  attach  the  report  o±  the  former  examination  to  be 
combined  to  Form  E — No.  2  wrhen  he  takes  the  second  examination. 

56.  Certificate  altered  or  erased  to  be  returned  to  Department. 
Any  certificate  on  which  an  alteration  or  erasure  appears  must  be 

*NOTE. — In  no  case  will  a  combination  be  made  unless  the  applicant 
attaches  to  Form  E-No.  2  a  certificate  of  Normal  attendance  and  former 
examination  report. 


182  Virginia  School  Laws 

taken  up  by  the  division  superintendent  and  forwarded  to  the  De- 
partment of  Public  Instruction, 

57.  List  of  certificates  which  entitle  holders  to  teach  high 
school  branches. — The  attention  of  the  division  superintendents  and 
trustees  is  called  to  the  following  list  of  certificates  which  entitle  the 
holders  to  teach  high  school  branches: 

Professional  University  Certificate, — issued  to  the  holder  of 
a  degree  from  a  graduate  school  of  a  registered  university,  based 
upon  a  curriculum  which  requires  at  least  10  per  cent,  of  profes- 
sional work  for  such  degree. 

Professional  Collegiate  Certificate, — issued  to  the  holder  of  a 
baccalaureate  degree  from  a  registered  college,  based  upon  a  cur- 
riculum which  requires  at  least  10  per  cent,  of  professional  work 
for  such  a  degree. 

State  Normal  School  Certificate, — issued  to  the  holder  of  a 
diploma  from  a  registered  State  normal  school  which  requires  at 
least  two  years  of  professional  work — not  less  than  twenty  hours 
per  week  during  each  year — based  upon  the  standard  four-year  high 
school  course,  which  must  in  every  case  represent  not  less  than  six- 
teen units  of  work. 

City  Normal  School  Certificate, — issued  to  the  holder  of  a  di- 
ploma from  a  registered  City  normal  school  which  requires  at  least 
two  years  of  professional  work — not  less  than  twenty  hours  per 
week  during  each  year  and  based  upon  the  standard  four-year  high 
school  course,  which  must  in  every  case  represent  not  less  than  six- 
teen units  of  work. 

University  Certificate, — issued  to  the  holder  of  an  M.  A.,  M. 
S.  or  Ph.  D.  degree  from  a  registered  university. 

Collegiate  Certificate, — issued  to  the  holder  of  a  baccalaureate 
degree  from  a  registered  college  or  university. 

Junior  College  Certificate, — issued  to  the  graduate  of  a  reg- 
istered institution  in  Virginia  which  does  not  comply  fully  with  the 
definition  of  a  college,  but  which  offers  an  approved  four-year 
course,  embracing  at  least  the  freshman  and  sophomore  work  of  a 
standard  college  and  having  as  required  subjects  not  less  than  one 
year's  work  of  college  grade  in  English,  history,  mathematics  and 
science. 

State  Military  Institute  Certificate, — issued  to  the  graduate  of 
a  registered  State  military  institute. 

State  Polytechnic  Institute  Certificate, — issued  to  the  graduate 
of  a  registered  State  polytechnic  institute. 


Regulations  of  the  State  Board  of  Education  183 


Special  Certificate, — issued  to  a  student  of  any  accredited  uni- 
versity or  college  in  any  branch  in  which  he  holds  a  diploma  or 
certificate  from  such  university  or  college,  granted  for  the  comple- 
n  of  at  least  two  years  of  work  of  college  grade. 

Special  Certificate, — issued  upon  State  examinations. — See 
regulation  50,  sub-section  (c). 

Summer  School  Professional  Certificate — College  Grade, — See 
regulation  50,  sub-section  (d). 

58.  Suggestions  as  to  rank  of  certificates. — For  the  convenience 
of  trustees,  it  may  be  added  that  the  Department  regards  the  first 
class  high  school  certificate  as  being  of  equal  rank  with  the  first 
grade  certificate,  and  the  industrial  second  grade  certificate  as  be- 
ing of  intermediate  rank  between  the  first  and  second  grade  certifi- 
cates.    The  certificates  named  in  regulations  27-55,  inclusive,  are  of 
higher  rank  than  a  first  grade  certificate,  their  relative  value  vary- 
ing according  to  the  grade  taught  and  the  character  of  work  re- 
quired, to  be  determined  in  each  case  solely  by  the  district  or  city 
school  board.     These  suggestions  are  made  for  the  benefit  of  boards 
that  desire  to  pay  according  to  certificates. 

59.  Notice  to  applicants  as  to  change  of  terms  of  renewal  of 
certificates. — Applicants    for    certificates    are    particularly    notified 
that  the  terms  upon  which  any  certificate  is  to  be  renewed  will  be 
the  terms  stated  in  the  latest  regulations  and  published  literature 
of  the  State  Board  of  Education  at  the  time  the  certificate  is  pre- 
sented for  renewal,  provided  that  every  teacher  will  be  allowed  op- 
portunity to  adjust  himself  to  any  new  terms  or  conditions  and  will 
be  credited  with  work  done  under  previous  conditions  as  justice  and 
equity  may  require. 

Classification  of  Institutions  Granting  Baccalaureate  or  Graduate 

Degrees,  etc. 

60.  Definition  of  a  ^university. — The  board  will  register  as  a 
university  an  institution  (a)  which  requires  for  admission  the  com- 
pletion of  the  curriculum  of  a  standard  high  school  with  a  four 
years'  course,  or  in  other  terms,  the  completion  of  a  course  equiva- 
lent to  not  less  than  fourteen  five-hour  units:   (b)   which  contains 
as  a  part  of  its  organization  a  college  of  literature  and  science,  as  de- 
iined  below;   (c)   which  contains  one  or  more  professional  schools, 


184  Virginia  School  Laws 


as  parts  of  its  organization,  in  each  of  which  an  adequate  profes- 
sional course,  based  upon  a  preparation  not  less  than  that  represented 
by  the  completion  of  a  standard  four-year  high  school  course  is 
offered;  (d)  which  contains  a  graduate  school,  as  a  part  of  its  organ* 
ization,  in  which  adequate  courses  leading  to  the  degrees  of  master 
of  arts  and  doctor  of  philosophy  are  offered. 

61.  Definition  of  a  college. — An  institution  to  be  registered  as 
a  college  must  have  at  least  six  professors  giving  their  full  time  to 
college  work,  a  course  of  four  full  years  in  liberal  arts  and  sciences, 
and  must  require  for  admission  the  completion  of  the  curriculum 
of  a  standard  high  school  with  a  four-years'  course,  or  in  other  terms, 
the  completion  of  a  course  equivalent  to  at  least  fourteen  five-hour 
units,   in   addition  to  the  usual  pre-academic  or  grammar   school 
studies. 

62.  The  five-hour  units. — The  five-hour  units  mentioned  above 
shall  be  the  units  defined  in  the  regulations  regarding  admission  to 
the  University  of  Virginia. 

63.  Conditioned  students. — No  college  or  university  shall  ad- 
mit a  student  under  twenty  years  of  age  to  partial  standing,  as  a 
conditioned  or  irregular  student,  unless  the  student  offers  at  least 
ten  five-hour  units,  as  defined  in  regulation  62 ;  and  a  student  so 
admitted  shall  absolve  the  units  on  which  he  is  conditioned,  within 
two  years  of  the  date  of  his  registration.     ISTo  work  counted  toward 
the  removal  of  entrance  conditions  can  also  be  counted  for  a  degree. 

64.  Special  students. — A  student  at  least  twenty  years  of  age 
may  be  admitted  as  a  special  student,  not  candidate  for  a  degree, 
to  a  university  or  college,  without  satisfying  in  full  the  usual  en- 
trance requirements  [see  regulations  60,  61  and  63]  ;  provided  (i) 
that  he  is  not  admitted  to  classes  for  which  entrance  examinations 
are  required,  unless  he  passes  such  examinations;  and  (ii)  that  he 
gives  proof  of  adequate  preparation  for  the  course  sought. 

65.  Advanced  standing. — Advanced  standing  shall  be  granted 
by  a  registered  college  for  work  done  at  a  secondary  school  only  af- 
ter the  candidate  shall  have  passed  a  written  examination,  held  by 
the  college,  on  the  work  in  question.     The  examination  should  be 
held  at  the  college  before  the  candidate  is  admitted  to  the  advanced 
class  in  question.     However,  the  candidate  may  be  admitted  to  the 
advanced  class  tentatively,  provided  that  the  examination  on  the 
preliminary  work  is  held  within  four  weeks  of  the  time  that  the 
candidate   enters  provisionally   the   advanced   class;    and   provided 
that  if  the  candidate  fails  on  the  examination,  he  shall  at  once  take 


Regulations  of  the  State  Board  of  Education.          185 

up  in  the  regular  college  class  the  work  for  which  credit  was  re- 
quested. 

60.  Junior  college. — On  and  after  June  1,  1914,  only  three 
grades  of  academic  institutions  above  the  grade  of  the  high  school, 
viz.,  the  junior  college,  the  college,  and  the  university,  will  be  recog- 
nized in  this  State.  An  institution  to  be  registered  as  a  junior  col- 
lege must  present  satisfactory  evidence  that  it  is  doing  at  least  the 
freshman  and  sophomore  work  of  a  standard  college.  The  junior 
college  may  confer  a  diploma  of  graduation,  but  shall  not  confer 
any  titled  degree. 

67.  Credits  for  work  prior  to  registration  of  institution. — Any 
applicant  for  a  teacher's  certificate  who  graduated  from  a  regis- 
tered college  (or  junior  college)  prior  to  the  registration  of  that  in- 
stitution, shall  be  required  to  submit  from  the  president  of  the  col- 
lege, the  course  completed  by  said  applicant,  which  course,  if  found 
equivalent  in  grade  and  content  to  the  present  course,  shall  be  the 
basis  on  which  a  certificate  may  be  granted. 

Graduates  from  higher  institutions  of  Virginia,  or  other  States, 
who  apply  for  certificates  to  teach,  may  receive  credit  for  any  col- 
lege or  normal  work  done  since  1890.  The  Department  of  Public 
Instruction  is  authorized  to  accept  for  credit  such  courses  as,  since 
this  date,  meet  the  requirements  laid  down  in  the  regulations  gov- 
erning certificates. 

Graduates  of  foreign  institutions  applying  for  Virginia  Certifi- 
cate Credits  shall  be  allowed  proper  credit  in  the  discretion  of  the 
State  Superintendent  after  an  investigation  of  the  standing  of  their 
schools. 

State  Inspectors  of  Schools 

68.  Such  State  inspectors  of  schools  as  may  be  necessary  shall 
be  appointed  by  the  board,  upon  nomination  of  the  Superintendent 
of  Public  Instruction,  and  shall  serve  at  the  pleasure  of  the  board 
or  the  Superintendent.     They  shall  perform  such  duties  as  the  Su- 
perintendent may  prescribe,  and  their  compensation  shall  be  fixed 
by  the  board. 

Division  Superintendents 

69.  Monthly   reports- — Every     division     superintendent     shall 
make  a  monthly  report  to  the  Superintendent  of  Public  Instruction, 
in  form  prescribed  by  him,  which  report  shall  be  due  at  the  office 


186  Virginia  School  Laws 

of  the  Department  of  Public  Instruction  on  or  before  the  fifteenth 
day  of  the  month  next  succeeding  that  for  which  the  report  is  made. 

70.  Penalty  for  delay  of  monthly  report. — Should  the  monthly 
report  of  any  division  superintendent  of  schools,   required  to  be 
made  by  regulation  sixty-nine,  fail  to  reach  the  office  of  the  Depart- 
ment of  Public  Instruction  on  or  before  the  time  prescribed  in  said 
section,  such  superintendent  shall  be  liable  to  a  fine  of  one  dollar 
for  every  day's  delay,  to  be  deducted  from  his  salary:  provided,  the 
whole  amount  of  such  fine  shall  not  exceed  one  month's  salary  of 
such  superintendent,  and  the  same  shall  be  imposed  by  the  State 
Board  of  Education  after  notice  to  the  party  concerned. 

71.  To  make  reports. — It  shall  be  the  duty  of  each  division 
superintendent  to  observe  such   directions   and   regulations   as  the 
Superintendent  of  Public  Instruction  may  from  time  to  time  pre- 
scribe; to  make  special  reports  to  that  officer  whenever  required; 
and  on  or  before  the  first  day  of  September  annually  to  make  to 
him  a  report  for  the  year  ending  the  thirtieth  day  of  June  pre- 
ceding, in  such  form  and  containing  all  such  particulars  as  shall  be 
prescribed  and  called  for;  and  to  supplement  this  report  by  an  ad- 
visory report    showing    the    school  conditions    in  his  division  and 
making  such  suggestions  as  seem  to  be  for  the  good  of  the  schools. 
And  until  such  annual  report  shall  have  been  received  at  the  office 
of  the  Superintendent  of  Public  Instruction,  the  division  superinx 
tendent  shall  not  draw  his    August    or    subsequent    instalments    of 
pay  from  the  State  treasury.     A  brief  abstract  of  the  said  annual 
report,  unless  the  Superintendent  of  Public  Instruction  direct  other- 
wise, shall  be  furnished  to  every  newspaper  published  in  the  county. 

72.  Penalty  for  delay  of  annual  report. — Should  the  annual  re- 
port of  any  division  superintendent  of  schools  fail  to  reach  the  of- 
fice of  the  Department  of  Public  Instruction  on  or  before  the  first 
day  of   September,   such   superintendent  shall  be  liable   to   a   fine 
of  one  dollar  for  every  day's  delay  thereafter,  to  be  deducted  from  his 
salary :  provided,  the  whole  amount  of  such  fine  shall  not  exceed  one- 
half  of  the  superintendent's  salary  for  three  months,  and  the  same 
shall  be  imposed  by  the  State  Board  of  Education  after  notice  to 
the  party  concerned. 

73.  Inspection  of  record  and  account  books. — It  shall  be  the 
duty  of  superintendents  to  inspect  the  record  and  account  books  of 
district  clerks  from  time  to  time  during  the  year;  to  see  that  such 
books  are  neatly  and  correctly  kept;  to  see  that  all  school  funds  are 


Regulations  of  the  State  Board  of  Education  187 

properly  applied,  and  that  the  money  set  apart  exclusively  for  the 
pay  of  teachers  is  not  used  for  any  other  purpose. 

74.' Reports  from  treasurers. — Superintendents  shall  require 
county  treasurers  to  report  to  them  on  or  before  the  tenth  day  of 
December  of  each  year,  and  thereafter  at  intervals  of  three  months, 
until  their  final  settlement  at  the  close  of  the  fiscal  year,  the  amount 
of  State  school  money  received;  the  number  and  amount  of  war- 
rants on  the  State  school  fund  presented  for  payment;  the  num- 
ber and  amount  paid  by  the  treasurer;  the  balance  of  State  funds 
on  hand  and  to  what  districts  due;  the  amount  of  county  school 
funds  received  and  apportioned  to  the  districts  by  the  superinten- 
dent ;  the  number  and  amount  of  warrants  on  the  county  fund  pre- 
sented for  payment ;  the  number  and  amount  paid  by  the  treasurer ; 
the  balance  of  county  funds  on  hand  and  to  what  districts  due; 
the  amount  of  district  taxes  collected  for  the  respective  districts, 
with  the  number  and  amount  of  the  warrants  on  the  several  dis- 
tricts presented  and  paid,  and  the  balance  due  the  districts ;  also  the 
amount  of  county  school  tax  collected  which  has  not  been  apportioned 
to  the  several  districts  by  the  superintendent. 

75.  Apportionment  scheme. — Each  superintendent    shall    pre- 
pare annually,  and  at  such  other  times  as  may  be  necessary,  under 
directions  from  the  county  school  board,  a  scheme  for  apportion- 
ing the  State  and  county  school  funds  among  the  school  districts 
within  each  county  under  his  supervision;  a  copy  of  which  scheme 
shall  be  furnished  to  the  county  treasurer  and  to  the  clerk  of  each 
school  district,  and  also  to  the  editor  of  each  newspaper  published 
within  the  county. 

76.  Apportionment  of  funds. — Whenever  the  treasurer  reports 
county  school  money  on  hand,  or  the  superintendent  knows  that 
it  should  be,  the  superintendent  shall  immediately  take   steps  to 
have  said  fund  apportioned  to  the  several  districts  as  provided  by 
section  1447,  sub-division  3,  of  the  Code  of  Virginia  [section  39  of 
school  law],  and  shall  notify  the  district  clerks,  in  writing,  of  the 
amount   apportioned   to   their   respective   districts,    as   \vell   as   the 
amount  of  district  tax  in  the  hands  of  the  treasurer  belonging  to 
their  districts. 

77.  Apportionment  to  be  recorded. — In  the  records  required 
to  be  kept,  superintendents  shall  enter  in  full  the  scheme  of  each 
apportionment  of  State  and  county  school  funds  made  to  the  several 


188  Virginia  School  Laws 

districts  of  their  respective  counties,  showing  the  amount  and  date 
of  said  apportionments. 

78.  Where   supplies   of   text-books   on  sale. — Superintendents 
shall  report  to  the  Superintendent  of  Public  Instruction  the  names 
of  convenient  places  in  their  respective  divisions  for  the  sale  of  the 
text-books  selected  by  the  State  Board  of  Education  and  see  that 
adequate  supplies  of  the  books  are  brought  within  easy  reach  of  the 
pupils    and  sold    at  the    prices  fixed    by  the    board.     They    shall 
promptly  notify  the  Superintendent  of  Public  Instruction  of  any 
departure  from  such  prices  or  any  failure  to  furnish  promptly  all 
books  necessary  for  the  use  of  the  schools  in  their  respective  divi- 
sions. 

79.  Distribution  of  reports,,  forms,  etc. — Superintendents  shall 
distribute  promptly  all  reports,  forms,  laws,  and  regulations  which 
may  be  received  from  the  Superintendent  of  Public  Instruction,,  and 
in  accordance  with  his  directions. 

80.  Enforce     laws,,    regulations    and    decisions. — Superinten- 
dents shall  explain  the  school  system    and   give    information  about 
it  on  all  suitable  occasions,  and  shall  take  care  that  all  school  laws 
and  regulations  are  strictly  enforced  and  that  the  decisions  of  the 
Superintendent  of  Public  Instruction,  and  of  the  State  Board  of 
Education,  upon  controversies  relating  to  the  school  laws  of  the  State, 
or  to  the  regulations  prescribed  by  the  State  Board  of  Education, 
are  complied  with  by  the  persons  concerned.     In  case  such  decisions 
are  not  complied  with,  the  division  superintendent  shall  inform  the 
Superintendent  of  Public  Instruction  thereof,  and  state  the  circum- 
stances connected  therewith. 

81.  Penalty  for  failure  to  furnish  information. — Should  any 
division  superintendent  of  schools  fail  to  furnish  by  the  time  pre- 
scribed by  the  Department  of  Public  Instruction  such  information 
as  may  from  time  to  time  be  called  for  by  said  department,  by 
letter,  circular,  or  otherwise,  he  shall  be  liable  to  a  fine  of  one  dollar 
for  every   day's   delay,    to  be  deducted   from   the   salary   of   such 
superintendent:  provided,  the  whole  amount  of  such  fine  shall  not 
exceed  one  month's  salary  of   such  superintendent   and  the   same 
shall  be  imposed  by  the  State  Board  of  Education  after  notice  to  the 
party  concerned. 

82.  Secretary  to  report  delinquent  superintendents. — The  sec- 
retary of  the  State  Board  of  Education  shall  from  time  to  time  re- 
port to  the  board  the  names  of  all  superintendents  upon  whom  fines 


Regulations  of  the  State  Board  of  Education          189 

may  be  imposed  for  failure  to  comply  with  the  requirements  of 
regulations  eighteen,  seventy,  seventy-two  and  eighty-one,  and  shall 
promptly  notify  said  superintendents  of  his  action. 

83.  Organization  of  boards  of  trustees. — It  shall  be  the  duty  of 
superintendents  to  assist  in  the  organization  of  boards  of  district 
school  trustees,  with  the  privilege  of  being  present  at  all  meetings 
of  such  boards,  and  of  participating  in  the  discussion  of  questions 
therein,  but  not  of  voting. 

84.  Reports  from  district  clerics. — Superintendents    shall    re- 
quire from  clerks  of  boards  of  district  school  trustees  annuaUv.  and 
oftener  if  necessary,  such  detailed  reports  of  the  statistics  touch- 
ing the  public  free  schools  of  their  respective  districts  as  the  said 
superintendent  shall  prescribe. 

85.  To  hear  appeals. — In  all  cases  not  otherwise  provided  for, 
an  appeal  may  within  ninety  days  be  taken  to  the  division  super- 
intendent concerning  the  acts  of   any  person  connected  with  the 
school  system  or  the  action  of  any  school  boar-d  within  his  bounds, 
by  any  teacher  or  school  officer,  or  by  five  or  more  interested  heads 
of  families  who  may  feel  themselves  aggrieved,  and  from  the  divi- 
sion superintendent  of  schools  to  the  Superintendent  of  Public  In- 
struction, who,  if  he  cannot  satisfactorily  adjust  the  same,  shall,  in 
his  discretion,  grant  an  appeal  to  the  State  Board  of  Education,  and 
that  board  shall  finally  decide  all  questions  at  issue. 

The  application  for  such  appeal,  and  all  evidence  in  support  of 
or  in  opposition  thereto  shall  be  in  writing :  provided,  that  the  State 
Board  of  Education  may,  in  its  discretion,  after  an  appeal  is  granted 
to  such  board,  hear  oral  testimony  upon  an^  issue  presented  by  the 
appeal.  But  in  all  cases  of  appeal  to  the  Superintendent  of  Public 
Instruction  all  evidence  must  be  reduced  to  writing. 

86.  To  administer  oaths,  etc. — Every  superintendent  shall  ad- 
minister oaths  and  take  testimony  in  all  matters  relating  to  public 
schools,  whenever  required,  in  cases  pending  or  to  come  before  him- 
self or  before  the  Superintendent  of  Public  Instruction,  or  before 
the  State  Board  of  Education ;  and  he  shall  also  administer  the  oath 
of  office  to  school  trustees  when  called  upon  to  do  so. 

87.  Visitation  of  schools. — It  shall  be  the  duty  of  every  super- 
intendent to  visit  and  inspect  each  school  in  his  division  at  least  once 
during  each  session,  and  twice  if  the  whole  number  of  schools  does 
not  exceed  seventy-five,  or  to  report  in  writing  to  the  Superinten- 
dent of  Public  Instruction  a  reasonable  excuse  for  not  doing  so. 


190  Virginia  School  Laws 

He  shall  inquire  into  all  matters  relating  to  their  management,  the 
course  of  study  and  mode  of  instruction  therein,  their  text-books  and 
discipline,  the  condition  of  the  school-houses,  sites,  outbuildings, 
and  appendages,  and  in  general  into  whatever  concerns  the  useful- 
ness and  perfection  of  the  public  free  schools  under  his  supervision ; 
to  examine  the  records  and  official  papers  of  the  school  district,  and 
teachers  in  relation  to  their  duties,  and  to  call  especial  attention  to 
any  neglect  or  violations  of  any  laws  or  regulations  pertaining 
thereto ;  and,  when  necessary,  to  take  lawful  measures  to  abate  nui- 
sances or  to  condemn  as  unfit  to  be  longer  used  any  school-houses  the 
occupancy  of  which,  for  any  reason,  is  likely  to  endanger  the  health 
of  the  pupils. 

88.  County  institutes,  teachers,  and  so  forth. — It  shall  be  the 
duty  of  superintendents  to  promote  the  improvement  and  efficiency 
of  teachers  by  all  suitable  and  proper  methods,   under   directions 
from  the  Superintendent  of  Public  Instruction ;  and  to  this  end  they 
shall  encourage  and  assist  in  the  organization  and  management  of 
county  institutes,  of  which  at  least  one  shall  be  held  during  each 
school  session,   and  they  shall  labor   in  every  practicable  way  to 
elevate  the  standard  of  teaching  in  the  public  schools  and  improve 
their  condition.     It  shall  be  the  duty  of  the  superintendents  to  pre- 
side over  these  county  institutes.     They  shall  also  endeavor  by  all 
proper  means  to  promote  an  appreciation  and  desire  for  education 
among  the  people. 

89.  Provision  for  a  patrons'  day. — The  superintendents  shall 
require  the  principal    of    each    school    in    his    division    to  have  a 
patrons'  day,  to  be  hel)i  on  the  school  premises  during  the  school 
term.     On  this  day  all  patrons  shall  be  invited  and  suitably  enter- 
tained by  school  exercises.     Advantage  shall  .be  taken  of  this  day 
to  give  the  patrons  full  information  of  the  conditions  and  needs  of 
the  schools. 

90.  To  keep  a  record. — Every  superintendent  shall  keep  in  a 
bound  volume  a  record  of  his  own  official  acts,  and  shall  file  methodi- 
cally all  official  papers. 

91.  Trustee  to  act  as  division  superintendent  of  schools. — In 
case  of   any  vacancy   in   the  office   of   division   superintendent   of 
schools  occurring  when  the  State  Board  of  Education  is  not  in  ses- 
sion, the  Superintendent  of  Public  Instruction  is  authorized  to  des- 
ignate a  school  trustee  of  the  division  to  serve  as  superintendent 
until  an  appointment  is  made  by  the  State  board. 


Regulations  of  the  State  Board  of  Education 191 

92.  Superintendent  to  assign  teachers. — The  division  super- 
intendent in  cities  shall  have  exclusive  authority  to  assign  to  their 
respective  positions  all  teachers  and  principals  employed  by  the 
school  board,  and  to  reassign  them  at  his  discretion:  provided,  that 
no  change  or  reassignment  shall  affect  the  salary  of  any  teacher. 

Trustees 

!)3.  Oaths  of  office. — Every  district  school  trustee,  before  en- 
tering upon  the  duties  of  his  office,  and  within  thirty  days  after 
notice  of  his  appointment,  shall  take  and  subscribe  the  oaths  pre- 
scribed by  sections  one  hundred  and  sixty-eight  and  one  hundred 
and  sixty-nine  of  the  Code  of  Virginia  [sections  75  and  76  of  school 
law].  As  soon  as  the  oaths  shall  have  been  taken  and  subscribed 
before  the  division  superintendent  of  schools,  or  any  other  officer 
authorized  to  administer  an  oath,  and  a  minute  of  said  qualification 
entered  of  record  in  the  clerk's  office  of  the  circuit  or  corporation 
court,  in  form  prescribed  by  the  Superintendent  of  Public  Instruc- 
tion, the  form  shall  be  returned  to  the  clerk  of  the  school  trustee 
electoral  board. 

94.  Stated  meetings. — District  school  boards  shall  hold  stated 
meetings,  the  exact  date  of  such  meetings  to  be  fixed  by  the  boards. 
Special  meetings  may  be  called  by  the  chairman,  or  by  the  other 
two  menibers  of  the  board,  of  which  all  the  members  shall  have  due 
notice. 

95.  Power  to  elect  and  contract  with  teachers. — District  boards 
of  school  trustees  have  full  power  to  employ  teachers,  subject  only 
to  the  statutes  regulating  the  eligibility  of  teachers  and  the  board 
of  appeal  provided  for  in  sections  one  thousand  four  hundred  and 
fifty-five  and  one  thousand  four  hundred  and  eighty-seven  of  the 
Code  of  Virginia  [sections  25  and  29  of  school  law].     In  all  cases 
teachers  must  be  elected,  and  terms  of  contract  with  prescribed,  at 
a  regular  or  called  meeting  of  the  board. 

96.  Contracts  with  teachers;  how  executed. — District  boards 
must  enter  into  written  contracts  with  teachers  before  the  teachers 
enter  upon  the  discharge  of  their  duties;  but  said  boards  shall  not 
enter  into  a  contract  with  any  person  to  teach  a  public  school  until 
said  person  presents  a  certificate  of  as  high  grade  as  the  school  for 
which  he  applies.     Contracts  with  teachers  shall  be  executed  on  be- 
half of  the  board  by  the  clerk  unless  the  board  shall  designate  some 
other  member  thereof  to  execute  the  same. 


192  Virginia  School  Laws 

97.  Penalty  for  failure. — Should  any  district  school  board  fail 
to  enter  into  written  contract  with   any  teacher  employed  in   the 
district,  in  form  prescribed  by  the  Superintendent  of  Public  In- 
struction,  the  members  of  such  board  thereby  subject  themselves 
to  a  fine  of  not  less  than  five  nor  more  than  fifty  dollars  for  each 
offense. 

98.  Report  to  superintendent. — Boards  of  school  trustees  shall, 
immediately  upon  contracting  with  a  teacher,   report  the  fact  in 
writing  to  the  division  superintendent,  giving  the  teacher's  name  and 
post-office,  the  number  of  the  echool  he  is  to  teach,  and  the  amount 
of  salary  agreed  to  be  paid,  in  form  prescribed  by  the  Superinten- 
dent of  Public  Instruction.     This  salary,  if  confirmed  by  the  divi- 
sion superintendent,  shall  not  be  increased  or  diminished  during  the 
year  without  his  written  consent. 

99.  Election  of  teachers  by  patrons- — While  the  district  board 
has  full  authority  to  employ  teachers,  the  board  may  elect  to  sub- 
mit the  question  of  a  teacher  to  the  patrons  of  a  school,  in  which 
case   the  proceedings   shall  be  governed  by   the  following   regula- 
tions : 

First.  The  board  shall  call  a  meeting  of  the  patrons  by  due 
proclamation  and  by  posting  a  notice  of  the  time  and  place  of  •  meet- 
ing at  least  ten  days  before  it  is  to  be  held  on  the  front  door  of  the 
school-house  and  at  three  of  the  most  prominent  and  convenient 
places  in  the  district.  At  this  meeting  the  chairman,  or  some  other 
member  of  the  board,  shall  preside,  if  present ;  if  no  member  of  the 
board  be  present,  the  meeting  shall  elect  a  chairman  and  also  a 
secretary. 

Second.  The  clerk  of  the  district  board  shall  provide  the  meet- 
ing with  a  list  of  patrons  of  the  school,  which  list  shall  embrace  the 
names  of  all  those  who  pledge  themselves  to  send  their  children  to 
said  school  for  the  current  school  year. 

Third.  The  secretary  of  the  meeting  shall  ascertain  whether  a 
majority  of  the  children  are  represented.  If  they  are,  the  chair- 
man shall  declare  the  meeting  organized  and  ready  to  proceed  with 
the  election  of  a  teacher  for  the  school. 

Fourth.  The  election  shall  be  by  ballot  unless  otherwise  deter- 
mined by  the  meeting. 

Fifth.  No  teacher  shall  be  eligible  to  be  voted  for  unless  he 
presents  to  the  meeting  a  certificate  of  qualification  issued  to  him 
according  to  law  and  in  full  force  at  the  time  of  such  meeting. 


Regulations  of  the  State  Board  of  Education  193 

Sixth.  Before  voting  for  a  teacher,  the  patrons  must  pledge 
themselves  to  support  the  one  selected  by  the  meeting. 

Seventh.  Immediately  upon  the  adjournment  of  the  meeting, 
the  secretary  thereof  shall  report  the  proceedings  to  the  chairman 
of  the  district  board,  who,  if  a  teacher  has  been  elected,  shall  cause 
a  contract  to  be  immediately  given  him  by  said  board. 

Eighth.  In  case  a  majority  of  the  children  were  not  repre- 
sented at  the  meeting,  the  board  may  either  call  another  meeting 
or  declare  its  determination  to  elect  a  teacher  regardless  of  the 
action  of  the  patrons ;  but  if  a  majority  of  the  children  were  repre- 
sented at  the  meeting,  then  the  board  must  be  governed  by  its 
action. 

100.  Length  of  daily  session. — The  time  of  opening  and  closing 
school   shall   be  prescribed  by   the  district  board  of  school  trustees, 
subject  to  the  approval  of  the  division  superintendent:  provided, 
that  where  an  intermission  of  thirty  minutes  or  more  is  given  no 
school  shall  open  later  than  9  o'clock  a.  m.,  nor  shall  any  school 
be  taught  less  than  five  hours  each  school  day,  including  the  neces- 
sary time  for  appropriate  opening  exercises.     The  time  of  opening 
and  closing  schools,  with  the  intermission  to  be  given,  must  be  speci- 
fied in  contracts  made  with  teachers. 

101.  Board  may  close  school. — The  board  of  school  trustees  of 
any  school  district  in  which  a  public  school  has  been  closed  for 
sufficient  cause  before  the  expiration  of  period  for  which  it  was  re- 
quired by  contract  to  continue,  is  hereby  authorized,  with  the  writ- 
ten approval  of  the  division  superintendent,  to  pay  the  teacher  of 
every  such  school  as  much  of  his  salary  as  may  be  due  for  the  time 
the  school  was  taught. 

102.  Estimate  of  funds- — At  the  March  meeting  every  district 
school   board   shall   prepare   an   estimate   showing   the   amount    of 
money  which  will  be  needed  in  the  district  during  the  next  school 
year  for  providing  school-houses,   furniture,   apparatus,   text-books 
for  indigent  pupils,  and  all  other  lawful  means  and  appliances  need- 
ful for  the  successful  operation  of  the  schools.     Said  estimate  shall 
be  filed  with  the  division  superintendent,  to  be  by  him  laid  before 
the  county  school  board. 

103.  Disposition  of  school  funds. — The  proceeds  of  State  and 
county  school  funds  must  be  used  exclusively  for  the  pay  of  teachers ; 
provided  that  if,  after  a  fair  scale  of  salaries  for  teachers  has  been 
provided,  there  remain  any  residue,  the  same  may  be  used  for  the 


194  Virginia  School  Laws 

pay  of  drivers  of  school  wagons.  The  district  school  fund  arising 
from  the  district  school  tax  is  under  the  control  of  the  district  school 
board,  and  shall  be  used  for  building  and  furnishing  school-houses 
and  defraying  the  contingent  expenses  of  the  schools  of  the  district. 
The  district  fund  should  not  be  used  for  any  other  purpose  until 
the  district  has  been  provided  with  comfortable,  sightly,  and  well 
furnished  school-houses.  Any  residue  of  the  district  funds  should  be 
used,  as  far  as  possible,  for  the  pay  of  teachers. 

104.  School  holidays. — At  the  annual  meeting  of  the  county 
school   board   in  August,    district  boards   shall   declare  what   days 
shall  be  designated  as  holidays  for    the    next    school    year,  which 
days  shall  be  approved  by  the  county  school  board  and  must  be 
the  same  throughout  the  county.     The  division  superintendent,  upon 
the   opening   of    the    schools,  shall   notify    teachers    of  the  days  so 
fixed. 

105.  Report  of  school  work. — At  the  August  meeting  the  sev- 
eral boards  shall  prepare  a  detailed  report,  embracing   a   full    state- 
ment of  all  the  school  work  done  in  the  respective  districts  for  the 
school  year  ending  the  thirtieth  of  June  preceding,  in  such  form 
as  may  be  prescribed  by  the  Superintendent  of  Public  Instruction. 
This  report  shall  be  delivered  to   the  division  superintendent   on 
or  before  the  date  fixed  for  the  annual  meeting  of  the  county  school 
board. 

106.  Enforcement  of  laws  and  regulations. — It  is  the  duty  of 
all  school  officials  to  acquaint  themselves  with  the  school  laws  and 
regulations,  and  to  see  that  they  are  carried  into  execution;   and 
they  are  urged  to  tolerate  nothing  that  might  tend  to  impair  the 
public  school  system  or  in  any  way  interfere  with  the  efficiency  of 
the  schools. 

School-houses 

107.  Plans  for  school-houses. — District  school  trustees  should 
exercise  the  greatest  care  in  the  selection  of  plans  and  sites  for 
school-houses,  and  shall  see  to  it  that  these  buildings  are  properly 
constructed  and  furnished  with  the  necessary  conveniences  and  ap- 
pliances in  accordance  with  the  provisions  of  section  sixty-one  of 
the  school  laws.     No  school-house  shall  be  contracted  for  or  erected 
until  the  plans  and  specifications  for  the  same,  as  well  as  the  loca- 
tion, shall  have  been  examined  and  approved  in  writing  by  the  di- 


Regulations  of  the  State  Board  of  Education  195 

vision  superintendent  of  schools,  who  likewise  shall  be  governed  by 
the  provisions  of  said  section  sixty-one. 

108.  Care  of  school-houses,  and  so  forth. — It  is  the  duty  of  the 
district  trustees  to  visit  the  schools  in  their  respective  districts  while 
they  are  in  operation  and  to  see  that  they  are  in  proper  condition; 
to  aid  the  teachers  in  maintaining  discipline  and  in  all  movements 
intended  to  improve  the  schools  and  promote  education;  and  in  va- 
cation to  see  that  the  houses  are  securely  locked  and  the  school 
property  carefully  preserved. 

109.  Consolidation  of  schools. — The  statute  law  requires  the 
State  Board  of  Education  to  guard  by  regulation  against  such  a 
multiplicity  of  schools  as  will  cause  a  low  grade  of  instruction  in 
them,  or  otherwise  impair  their  efficiency.     District  school  boards 
are  therefore  urged,  and  it  is  their  duty,  to  co-operate  with  division 
superintendents  in  preventing  the  establishment  and  maintenance 
of  small  ungraded  rural  schools,  especially  where  such  schools  are 
not  absolutely  necessary.     Wherever  it  can  be  done,  several  small 
schools  should  be  combined  into  one  good  graded  school,  with  two 
or  more  teachers  and  a  longer  term. 

Common  Schools — High  Schools 

110.  Classification  of  schools. — The  public  free  school  system 
of  Virginia  under  the  control  of  the  State  Board  of  Education  shall 
consist  of  common  schools  and  high  schools. 

111.  Common  school  branches;  graded  course  of  study. — In  all 
the  common  schools,  including  primary  and  grammar  grades,  the 
following  subjects  shall  be  taught:  orthography,  reading,    writing, 
arithmetic,  grammar,  geography,  history  of  the  United  States,  his- 
tory of  Virginia,  physiology  and  hygiene,  drawing,  civil  government, 
and  morals  and  manners;  instruction  relating  to  the  prevention  of 
accidents  shall  also  be  given;  and  local  school  boards  may  provide 
for  the  introduction  of  music,  nature  study,  manual  training,  and 
elementary  agriculture  into  the  schools.     In  each  school  division  a 
graded  course  of  study,  as  uniform  as  practicable,  and  embracing 
all  the  required  common  school  branches,  should  be  adopted  for  all 
the  schools  in  that  division. 

112.  High  schools  and  higher  branches. — In  the  high  schools 
such  studies  shall  be  taught  as  are  prescribed  in  the  high  school 
course  of  studv. 


196  Virginia  School  Laws 


113.  High  schools  receiving  State  aid. — The  districts  in  which 
high  schools  receiving  State  aid  are  located  shall  offer  upon  fair 
and  equitable  terms  the  privileges   of   the   high  schools    to    all  dis- 
tricts of  their  respective  counties  which  shall  share  jointly  in  the 
support    of    the    respective    high    schools,  subject,  however,  to  the 
general  supervision  and  confirmation  of  the  State  Board  of  Educa- 
tion. 

114.  Standard  of  requirements  for  high  schools;  foreword.— 
Three  distinct  courses  are  prescribed  for  the  three  classes  of  high 
schools:  the  third  grade  school  with  a  two-year  course;  the  second 
grade  school  with  a  three-year  course,  and  the  first  grade  school  with 
a  four-year  course. 

The  requirements  outlined  for  the  primary  and  grammar  schools 
must  be  fully  completed  before  any  student  is  admitted  to  the  high 
school. 

The  amount  of  work  to  be  accomplished  by  each  grade  of  school 
is  expressed  in  units,  and  the  value  of  each  subject  is  likewise  indi- 
cated in  units.  A  unit  means  a  recitation  period  of  forty  minutes, 
five  times  a  week,  for  thirty-six  weeks,  devoted  to  the  completion  of 
an  assigned  amount  of  subject  matter. 

The  third  grade  high  school  shall  offer  at  least  eight  units  as 
specified  in  the  requirements  given  below  for  "a  third  grade  high 
school,"  and  the  second  grade  high  school  shall  offer  at  least  twelve 
units,  as  specified  in  the  requirements  given  below  for  aa  second 
grade  high  school.77 

While  the  thirty-six  weeks'  term  is  urged  for  both  the  second 
and  third  grade  high  school,  nevertheless,  where  the  conditions  seem 
to  demand  it,  the  term  may,  with  the  consent  of  the  Department  of 
Public  Instruction,  be  reduced  to  thirty-two  weeks.  In  such  case, 
however,  eight  grades  should  be  provided  below  the  high  school. 

In  case  of  reduction  either  of  the  weeks  in  the  term  or  of  the 
minutes  in  the  recitation,  the  value  of  the  work  as  expressed  in 
units  shall  be  reduced  pro  rota. 

The  first  grade  high  school  shall  offer  and  require  not  less  than 
sixteen  nor  more  than  eighteen  units  for  graduation,  with  a  term 
of  thirty-six  weeks,  and  with  recitation  periods  forty  minutes  in 
length.  No  reduction  in  the  length  of  the  term  or  of  the  recitation 
period  may  be  made  in  the  high  school  department  of  a  first  grade 
high  school,  but,  where  conditions  seem  to  demand  it,  the  elementary 
grades  of  the  high  school  may  be  reduced  to  thirty-two  weeks,  pro- 


Regulations  of  the  State  Board  of  Education  197 

vided  eight  grades  instead  of  seven  shall  be  provided  in  the  elemen- 
tary department  of  the  high  school. 

115.  Requirements  for  a  third  grade  (two  year)  high  school. — 

1.  The  full  time  of  at  least  one  teacher  must  be  given  to  the 
teaching  of  high  school  subjects. 

2.  At  least  two  teachers  must  give  their  entire  time  to  instruct- 
ion in  the  elementary  grades. 

3.  A  minimum  of  one  period  (forty  minutes)   three  times  a 
week  must  be  given  by  the  principal  to  observation  and  supervision. 

4.  A  standard  system  of  records  shall  be  kept,  in  permanent 
form,  of  the  work  of  each  pupil  in  the  school. 

5.  When  the  texts  selected  for  use  in  Science  are  those  indi- 
cated in  the  list  of  High  School  text-books  as  requiring  laboratory, 
ample  laboratory  equipment  and  laboratory  instruction  shall  be  pro- 
vided. 

6.  All  teachers  in  the  high  school  department  must  hold  cer- 
tificates authorizing  them  to  teach  the  high  school  subjects,  or  grades 
which  are  assigned  to  them. 

7.  An  enrollment  of  not  less  than  fifteen  pupils  must  be  main- 
tained in  the  high  school  department. 

8.  Not  less  than  eight  nor  more  than  ten  units  shall  be  re- 
quired for  the  completion  of  the  course  offered.     These  units  shall 
be  distributed  as  follows :    English,  2 ;  Mathematics,  2 ;  History,  1 ; 
Science,  1 ;  Electives,  2 ;  total,  8. 

116.  Requirements  for  a  second    grade    (three-year)    high 
school. — 

1.  In  addition  to  the  principal,  the  full*  time  of  at  least  one 
teacher  must  be  given  to  the  teaching  of  high  school  subjects. 

2.  At  least  two  teachers  must  give  their  entire  time  to  instruc- 
tion in  the  elementary  grades,  and  where  the  number  of  pupils  en- 
rolled  in   the   elementary   grades   exceeds   seventy,    one   additional 
teacher  must  be  provided  for  each  thirty-five  additional  pupils. 

3.  A  minimum  of  one  period  (forty  minutes)  a  day  must  be 
given  by  the  principal  to  observation  and  supervision. 

4.  A  standard  system  of  records  shall  be  kept,  in  permanent 
form,  of  the  work  of  each  pupil  in  the  school. 

5.  When  the  texts  selected  for  use  in  Science  are  those  indi- 
cated in  the  list  of  High  School  text-books  as  requiring  laboratory, 
ample  laboratory   equipment   and   laboratory   instruction   must   be 
provided. 


198  Virginia  School  Laws 


6.  All  teachers  in  the  high  school  department  must  hold  certifi- 
cates authorizing  them  to  teach  the  high  school  subjects,  or  grades 
which  are  assigned  to  them. 

7.  Teachers  holding  second  and  third  grade  certificates,   and 
High  School  Certificates,  without  experience,  shall  not  be  allowed 
to  teach  in  the  elementary  departments  of  the  high  school, 

8.  An  enrollment  of  not  less  than  twenty-five  pupils  must  be 
maintained  in  the  high  school  department. 

9.  Not  less  than  twelve  nor  more  than  fourteen  units   shall 
be  required  for  the  completion  of  the  course  offered.     The  units 
shall  be  distributed  as  follows :     English,  3 ;  Mathematics,  2 ;  His- 
tory, 2 ;  Science,  2 ;  Electives,  3 ;  total,  12. 

117.  Requirements  for  a  first  grade  (four-year)  high  school.— 

1.  In  addition  to  the  principal,  the  full  time  of  at  least  two 
teachers  must  be  given  to  the  teaching  of  high  school  subjects. 

2.  At  least  three  teachers  must  give  their  entire  time  to  in- 
struction in  the  elementary  grades,  and  where  the  number  enrolled 
in  the  elementary  grades  exceeds  one  hundred,  one  additional  teacher 
must  be  provided  for  each  thirty-five  additional  pupils. 

3.  A  minimum  of  two  periods  (80  minutes)  each  day  must  be 
given  by  the  principal  to  observation  and  supervision. 

4.  A  standard  system  of  records  shall  be  kept,  in  permanent 
form,  of  the  work  of  each  pupil  in  the  school. 

5.  When  the  texts  selected  for  use  in  Science  are  those  indi- 
cated in  the  list  of  High  School  text-books  as  requiring  laboratory, 
ample   laboratory   equipment    and   laboratory   instruction   must   be 
provided. 

6.  All  teachers  in  the  high  school  department  must  hold  certifi- 
cates authorizing  them  to  teach  the  subjects,  or  grades  which  are  as- 
signed to  them. 

7.  Teachers  holding  Second  and  Third  Grade  Certificates,  and 
teachers  holding  High  School  Certificates,  without  experience,  shall 
not  be  allowed  to  teach  in  the  elementary  department  of  the  high 
school. 

8.  An  enrollment  of  not  less  than  35   pupils  must  be  main- 
tained in  the  high  school  department. 

9.  Not  less  than  sixteen  nor  more  than  eighteen  units  shall 
be  required  for  graduation.     The  units  shall  be  distributed  as  fol- 
lows :     English,  4 ;  Mathematics,  3 ;  History,  2 ;  Science,  2 ;  Elec- 
tives, 5.     Minimum  total,  16;  maximum  total,  18. 

Note. — No  exception  to  or  modification  of  these  requirements 


Regulations  of  the  State  Board  of  Education  199 

will  be  allowed,  except  in  those  schools  where  financial  and  educa- 
tional conditions  are  so  unusual  as  in  the  opinion  of  the  Depart- 
ment of  Public  Instruction  to  warrant  the  making  of  special  pro- 
visions for  them.  In  each  case,  however,  any  and  all  exceptions  to 
the  requirements  must  be  approved  in  advance  by  the  Department 
of  Public  Instruction. 

118.  Minimum  requirements  for  a  first  grade  normal  training 
high  school. — English,  4  units;  Mathematics,   3  units;  History,   2 
units;    Science,    2   units;   Normal   Training  Work,   3   units;   elec- 
tives,  3  units;  total,  17  units. 

1.  A  class  of  eight  pupils. 

2.  Three  teachers,  including  the  normal  training  teacher,  giv- 
ing their  entire  time  to  high  school  work. 

3.  A  reference  library  approved  by  the  Department  of  Public 
Instruction  to  cost  not  less  than  $50. 

4.  An  equipment  of  maps,  globes  and  apparatus  approved  by 
the  Department  of  Public  Instruction. 

5.  A    special    normal    training    teacher    whose    training    and 
salary  shall  be  approved  by  the  Department  of  Public  Instruction. 

6.  A  four-year  high  school  course. 

7.  The  pupils  in  the  third  and  fourth  year  high  school  classes 
shall  be  admitted  to  the  normal  training  classes  according  to  the 
prescribed  course  of  study. 

Text-Books—Pupils,  etc. 

119.  Text-books,  etc. — The  text-books  and  all  maps,  charts,  and 
other  appliances  used  in  the  schools  embraced  in  regulation  one 
hundred  and  ten,  shall  be  selected  from  the  list  prescribed  by  the 
State  Board  of  Education,  in  accordance  with  the  regulations  de- 
vised by  said  board. 

120.  Pupils  to  be  supplied  with  proper  books. — School  officers 
and  teachers  shall  require  all  children  who  apply  for  admission  into 
the  public  free  schools  to  be  provided  with  such  books  as  have  been 
prescribed   and   duly   selected  under  -the  regulations   of  the   State 
Board  of  Education,  and  no  child  shall  be  allowed  to  remain  in 
school  unless  he  is  provided  with  such  books. 

121.  Text-book  list. — There  shall  be  kept  in  every  school-room 
a  copy  of  the  list  of  text-books  prescribed  for  use  in  that  division, 
with  a  copy  of  the  regulations  of  the  State  Board  of  Education 
concerning  the  same,  that  the  pupils  may  be  informed  of  the  prices 
of  such  books  fixed  by  the  said  board.    Division  superintendents  shall 


200  Virginia  School  Laws 


see  that  a  list  of  said  books  is  furnished  to  each  teacher  before  the 
schools  are  opened. 

122.  School  month. — The  school  month  shall  consist  of  four 
weeks  of  five  school  days  each,  and,  in  the  discretion  of  the  local 
school  board,  deduction  may  be  made  from  the  pay  of  teachers  for 
every  day  they  lose  except  such  days  as  shall  have  been  declared 
holidays  by  district  school  boards. 

123.  Legal   average   attendance. — An   enrollment   of   at   least 
twenty  pupils,  with  reasonable  assurance  of  an  average  daily  at- 
tendance of  that  number,  is  required  to  constitute  a  public  free 
school,  and  no  public  school  shall  be  established  or  continued  until 
this  condition  is  complied  with;  but  boards  of  trustees,  when  satis- 
fied that  there  is  not  a  sufficient  number  of  children  in  any  school 
neighborhood  to  entitle  them  to  a  school  under  this  regulation,  and 
that  the  geography  of  the  district  is  such  that  no  judicious  rear- 
rangement of  the  several  schools  can  be  so  made  as  to  furnish  the 
minorities  proper  school  facilities,  may  certify  a  statement  of  the 
case,  with  a  diagram  of  the  section  to  be  accommodated,  to  the  di- 
vision superintendent,  who  shall  forthwith  visit  the  section  in  ques- 
tion, and  if  he  finds  that  the  statements  made  are  correct,  and  that 
the  neighboring  schools  are  judiciously  located  and  cannot  be  so 
arranged  as  to  furnish  the  minorities  fair  school  facilities,  he  may 
authorize  the  board  of  trustees  to  reduce  the  average  attendance 
of  such  school  to  fifteen.     In  cases  where  the  average  attendance 
is  reduced  by  reason  of  a  factious  spirit  on  the  part  of  one  or  a 
few  people,  or  in  consequence  of  the  proper  or  necessary  exercise 
of  discipline,  prevalence  of  contagious  diseases,  or  lack  of  proper 
supply  of  text-books,  the  district  board  may  continue  such  schools, 
if  they  deem  it  advisable  to  do  so:  provided,  that  all  such  cases 
shall  be  reported  to  the  division  superintendent  and  be  approved  in 
writing  by  him. 

But  in  special  cases  the  Superintendent  of  Public  Instruction, 
in  his  discretion,  may,  on  the  recommendation  of  the  division  su- 
perintendent, order  such  a  school  opened  where  an  average  of  ten 
can  be  maintained. 

124.  Admission  of  pupils  from    other  districts  into   high   or 
graded  schools. — Pupils  may  in  all  cases  be  admitted  into  the  high 
schools  or  graded  schools  of  more  than  one  teacher  by  the  authori- 
ties thereof  without  reference  to  the  dividing  lines  of  districts  or 
counties,  unless  forbidden  by  act  of  Assembly.     In  this  and  in  all 
other  cases  where  pupils  attend  schools  outside  of  their  own  dis- 
tricts in  accordance  with  these  regulations,  the  rate  of  tuition  to 


Regulations  of  the  State  Board  of  Education  201 

be  charged  by  the  district  receiving  the  pupil  against  the  district  to 
which  the  pupil  belongs,  shall  be  a  matter  of  previous  agreement 
between  the  school  boards  of  the  two  districts  concerned. 

125.  Attendance  of  children  of  adjoining  district  of  another 
county. — Whenever  a  school  is  so  situated  in  one  district  that  it 
may  be  advantageous  for  children  of  an  adjoining  district  of  an- 
other county  to  attend  it,  with  the  approval  of  the  superintendent  of 
the  division  in  which  the  school  is  located,  the  board  of  the  district 
from  which  such  children  attend  shall,   in  the  absence  of  agree- 
ment or  when  no  agreement  can  be  reached,  pay  to  the  district  in 
which  the  school  is  located,   for  each  of  such  children  attending 
said  school,  the  cost  of  education  per  pupil  enrolled  as  determined 
by  said  division  superintendent;   provided  that  any  person  inter- 
ested, or  either  of  the  district  boards  concerned,  may  appeal  to  the 
Superintendent  of  Public  Instruction,  either  as  to  the  attendance 
of  such  pupils  or  the  cost  of  education  as  aforesaid. 

126.  Admission  of  other  persons;  night  or  evening  schools  or 
classes. — In  order  to  extend  educational  privileges  to  persons  (in- 
cluding those  between  the  ages  of  20  and  25  years)  unable  to  avail 
themselves  of  the  full  benefits  of  the  public  schools — 

(a)  Any  district  board  may,  in  its  discretion,  and  upon  such 
terms  and  conditions  as  the  division  superintendent  may  approve, 
admit  such  persons  into  any  of  the  schools  of  the  district,  provided 
their  admission  will  not,  in  the  opinion  of  the  board  and  the  super- 
intendent, impair  the  usefulness  and  efficiency  of  the  schools.     No 
such  person  shall  be  retained  in  any  school  to  the  detriment  of  the 
school  or  any  of  its  pupils,  or  to  the  exclusion  from  the  school  of 
any  child  between  the  ages  of  seven  and  twenty  years. 

(b)  Any  district  board  may  establish  and  conduct  night  or 
evening  schools  or  classes  as  provided  by  section  102  of  school  law,, 
upon  such  terms  and  conditions  as  the  division  superintendent  may 
approve. 

127.  Submission  to  regulations. — Every  person  received  into 
the  public  schools  in  accordance  with  the  provisions  of  regulation 
one  hundred  and  twenty-six  shall  submit  to  the  regulations  of  the 
school  and  to  the  authority  of  the  teacher  in  like  manner  as  other 
pupils. 

Teachers 

128.  Who   may   not   teach. — N~o    division    superintendent    of 
schools,  district  school  trustee,  county  treasurer  or  deputy  treasurer 


202  Virginia   School  Laws 


shall  teach  a  public  school;  nor  shall  any  brother,  sister,  wife,  son, 
or  daughter  of  a  district  school  trustee  teach  a  public  school  in  the 
district  in  which  said  trustee  resides. 

129.  Notice  of  charges. — Due  notice,   and  an  opportunity  to 
be  heard,  shall  be  given  by  district  boards  to  any  teacher  or  principal 
against  whom  charges  involving  character  are  made. 

130.  Teacher  s  register. — No  teacher  shall  receive  a  warrant 
for  his  last  month's  pay  until  the  register  shall  have  been  returned 
to  the    district   clerk   with    all   the  required  entries  properly  made 
therein. 

131.  Enforcement  of  discipline. — Teachers  shall  require  of  pu- 
pils cleanliness  of  person,  punctuality,  diligence,  and  good  behavior 
during  their  attendance  at  school  and  on  their  way  thither  and  back 
to  their  homes.     In  the  enforcement  of  discipline  teachers  have  au- 
thority, subject  to  such  regulations  as  the  district  boards  may  pre- 
scribe, to  inflict  reasonable  penalties,  and  for  a  sufficient  cause  they 
may  suspend  pupils  from  school  until  the  case  is  decided  by  the  dis- 
trict school  trustees,  which  shall  be  with  as  little  delay  as  possible: 
provided,   that  in   all   such   cases   of   suspension   the  teacher   shall 
promptly  report  the  facts  in  writing  to  the  district  school  board  and 
to  the  parent  or  guardian  of  the  pupil  suspended. 

132.  Sundry  duties  of  teachers. — It  is  the  duty  of  teachers  to 
improve  themselves  in  the  art  of  teaching  by  studying  approved 
books  on  the  subjects  they  are  to  teach,  by  attending  summer  nor- 
mal schools,  teachers'  meetings  and  reading  circles,  and  by  making 
themselves  thoroughly  acquainted  with  some  of  the  best  books  on 
pedagogy,  school  management,  and  the  history  of  education,  and  also 
by  reading  educational,  periodicals  and  pursuing  such  a  course  of 
general  reading  as  will  best  tend  to  increase  their  knowledge  and 
usefulness  as  teachers. 

They  should  see  that  the  school-houses  are  kept  clean  and 
made  comfortable  and  attractive,  and  should  encourage  the  pupils 
to  aid  in  this  work.  In  case  the  school-house  is  in  unsuitable  con- 
dition or  necessary  supplies  are  needed,  the  teacher  should  report 
the  facts  at  once  to  the  clerk  of  the  district  school  board  or  to  the 
nearest  trustee. 

They  should  visit  and  establish  cordial  relations  with  the  pa- 
trons of  the  schools  and  enlist  their  co-operation  in  every  effort  to 
improve  school  conditions. 

They  should  exert  themselves  to  establish  school  libraries  and 
to  form  local  education  associations  and  school  improvement  leagues. 


Regulations  of  the  State  Board  of  Education  203 


They  should,  in  conjunction  with  the  division  superintendent 
and  the  district  trustees,  make  arrangements  for  holding  suitable 
public  exercises  on  one  day  in  every  school  year,  to  which  all  the 
patrons  and  friends  of  the  school  shall  be  invited,  the  necessary 
expenses  for  such  exercises,  unless  otherwise  provided,  to  be  de- 
frayed out  of  the  district  school  fund  by  order  of  the  district  school 
board. 

Teachers  must  make  monthly  and  term  reports  to  the  division 
superintendent  and  such  special  reports  as  he  may  from  time  to  time 
require  of  them. 

They  must  not,  without  the  consent  of  the  district  school  board, 
engage  substitutes;  nor  shall  they,  without  such  consent,  close  their 
schools  on  regular  school  days  during  the  term  for  which  they  have 
contracted  to  teach  unless  they  are  compelled  to  do  so  by  unavoid- 
able circumstances. 

Miscellaneous  Provisions 

133.  Medical  inspectors  of  schools. — The  school  boards  of  the 
cities  and  counties  may,  in  their  discretion,  select  and  appoint  medi- 
cal inspectors  of  school  children,  whose  duties  and  compensation  shall 
be  prescribed  by  the  respective  boards,  and  who  shall  report  to  and 
be  under  the  control  of  said  boards. 

134.  Elections  for    public  free  school    purposes. — First.  All 
elections  held  in  any  county  or  magisterial  district  or  school  district 
of  this  State  for  public  free  school  purposes  shall  be  superintended, 
conducted,  and  held  under  the  law  governing  special  elections  gen- 
erally as  set  forth  in  section  146  of  the  Code  of  Virginia — that  is 
to  say,  they  si i all  "be  superintended  and  held,  notice  thereof  given, 
returns    made   and   certified,    votes    canvassed,    results    ascertained 
and  made  known,"  "certificates  of  election  given  by  the  same  of- 
ficers, under  the  same  penalties,  and  subject  to  the  same  regulations 
as  prescribed  for  general  elections,  except  so  far  as  may  be  other- 
wise provided"-     —in    all    particulars    in    conformity    with  the  re- 
quirements and  provisions  of  section  146  of  said  Code  in  regard 
to  all  special  elections:  provided,  however,  that  the  writ  of  election 
or  order  and  notice  of  any  election  ordered  by  the  board  of  super- 
visors of  any  county  to  be  held  for  any  public  free  school  purpose  in 
any  county  or  district  shall  be  posted  by  the  sheriff  of  the  county 
at  each  voting  place  in  the  county  or  district  in  which  such  elec- 
tion is  to  be  held,  at  least  ten  days  before  such  election,  in  accord- 


204  Virginia  School  Laws 

ance  with  the  provisions  of  sections  101  and  115  of  said  Code,  which 
are  hereby  declared  to  be  applicable  to  all  such  elections  so  far  as 
practicable. 

Second.  The  sense  of  the  voters  in  any  county  or  district  on 
all  matters  which  may  be  properly  referred  to  said  voters  under 
the  provisions  of  the  school  law,  shall  be  taken  and  ascertained  in 
the  manner  prescribed  in  the  preceding  regulation  whenever  any 
election  shall  be  ordered  for  any  school  purpose  in  any  county  or 
district  by  the  board  of  supervisors  of  the  county  or  other  authority 
empowered  by  law  to  order  any  such  election. 

135.  Collection  of  fines  for  benefit  of  literary  fund- — The  Su- 
perintendent of  Public  Instruction,  by  and  with  the  advice  of  the 
Attorney-General,  is  authorized  to  take  such  steps  and  employ  such 
attorneys  and  agents  for  the  collection  of  fines  due  the  Common- 
wealth for  the  benefit  of  the  literary  fund  as  may  be  deemed  neces- 
sary, the  said  attorneys  and  agents  to  be  paid  for  their  services  out 
of  actual  collections  made  in  each  individual  case  such  compensa- 
tion as  may  be  agreed  on  in  writing:  provided,  that  no  such  attor- 
ney or  agent  shall  be  employed  to  enforce  the  collection  of  any  fine 
which  has  been  imposed  during  the  term  of  office  of  any  attorney 
for  the  Commonwealth  now  in  office  in  the  State.  When  such  col- 
lections are  made,  the  net  amounts  thereof  shall  be  turned  into  the 
treasury  of  the  State  to  the  credit  of  the  literary  fund  as  provided 
by  law,  and  the  Superintendent  of  Public  Instruction,  by  and  with 
the  advice  and  co-operation  of  the  Attorney-General,  is  authorized 
to  make  such  compromise,  settlement  and  adjustment  of  said  fines 
as  may  be  deemed  right  and  proper  and  for  the  best  interests  of  the 
school  funds  of  the  State. 


APPENDIX 


Instructions  to  Division  Superintendents  as  to  Examinations 

of  Teachers. 

1.  Dualistic  or  Two-fold  Examination. — The  Department  of  Public  In- 
struction utilizes  the  services  of  the  division  superintendents  in  providing 
for  a  dualistic  or  two-fold  examination  of  the  papers.  They  will  be  valued 
first  by  the  division  superintendent  in  whose  county  or  city  they  are  pre- 
pared, and  afterwards  by  a  State  Examiner. 

2.  How  to  Value  Papers. — The  papers  handed  in  by  those  taking  the 
uniform  examinations  will  be  assorted  as  prescribed  in  Form  E  No.  18  and 
will  be  valued  question  by  question  by  the  division  superintendent  before 
they  are  forwarded  to  the  Department  of  Public  Instruction.     The  superin- 
tendent will  place  his  valuation  of  the  answer  or  answers  to  each  question 
or  block  of  questions  on  the  left-hand  margin  of  the  paper  and  surround 
the  numbers  giving  his  grading  with  a  circle.     It  is  suggested  that  a  blue 
pencil  be  used  for  this  purpose.     He  will  also  enter  the  grades  on  Form  E 
No.  4,  in  ink,  and  the  totals  in  the  proper  column.    The  name-slips   (Form 
E  No.  3)  will  be  sealed  in  an  envelope  and  sent  in  with  the  papers.    The 
superintendents  will  value  all  papers. 

It  is  suggested  that  the  superintendent  value  questions  1  or  block  1 
on  all  the  papers  of  each  subject  and  then  pass  to  question  2  or  block  2, 
and  so  on.  This  will  save  much  time  over  the  method  of  reading  each 
paper  through  before  the  next  is  considered.  This  plan  makes  the  grad- 
ing more  uniform  also,  and  easier. 

The  foregoing,  however,  does  not  apply  to  the  papers  on  High  School 
subjects  and  on  the  Teachers'  Reading  Course.  Division  Superintendents 
need  not  examine  or  grade  these.  Put  the  papers  on  High  School  sub- 
jects and  Reading  Course  subjects  in  a  separate  package,  mark  it  "spe- 
cial" and  send  it  to  the  Department  of  Public  Instruction,  where  such 
papers  will  receive  due  attention. 

Teachers  who  take  the  Reading  Course  Examination  should  fill  out 
Form  E  No.  2— R  and  should  attach  to  this  Form  the  certificate  to  be  ex- 
tended. This  is  highly  important. 

Those  who  take  the  examination  on  High  School  subjects  should  fill 
out  Form  E  No.  2— S.  H.  S. 

To  promote  uniformity,  answers  are  furnished  the  division  superin- 
tendents on  all  subjects,  except  those  pertaining  to  the  Reading  Course  and 
High  School  examinations. 

3.  One   Person    to    Examine    all   Papers   on   a   Given   Subject. — If   the 
superintendent  is  aided  in  the  examination  of  papers,  he  should  divide  the 
work  by  subjects  and  not  by  names.     If  two  persons  examine  the  papers  on 


206  Virginia  School  Laws 


one  subject  it  is  to  the  State  Examiner  just  the  same  as  if  the  papers  came 
from  two  counties.  The  person  who  examines  the  papers  should  write  his 
name  on  each. 

4.  How  Papers  Are  Arranged  and  Shipped. — Do   not  fold  papers;  fasten 
the  papers  on  one  subject  together  in  numerical  order  and  be  very  careful 
to  keep  all  the  papers  on  each  subject  in  one  envelope   (Form  E  No.  6)   if 
possible,  the  papers  of  white  and  colored  applicants  being  bound  in  separate 
bundles  as  heretofore.     Form  E  No.  10  must  be  fastened  to  the  examination 
papers  on  that  subject. 

5.  When  Certain  Forms  Are  Sent. — Send  Form  E   No.   11  at  close  of 
examination. 

Send  Forms  E  Nos.  2,  3,  4,  6  and  10  with  shipment  of  papers  not  later 
than  ten  days  after  the  examination  closes. 

Fill  out  Form  E  No.  4,  Form  E  No.  6  and  Form  E  No.  10  on  all  of  the 
subjects  valued  by  the  division  superintendent  and  be  sure  to  mark  with 
an  X  every  subject  not  taken  by  an  applicant.  This  is  important  as  it  will 
prevent  the  possibility  of  any  errors. 

Note. — These  X  marks  should  be  inserted  at  the  close  of  each  examina- 
tion. 

Do  not  send  papers  to  the  Department  by  parcels  post. 

Destroy  all  old  copies  of  Form  E  No.  2  and  use  only  those  copies  that 
are  sent  you. 

G.  Numbering  Applicants. — The  numbers  of  applicants  should  corre- 
spond as  nearly  as  may  be  with  the  alphabetical  sequence  of  their  names. 
Every  element  of  regularity  of  this  nature  aids  very  materially  in  a  large 
undertaking  of  this  kind. 

If  the  papers  of  colored  applicants  on  any  subject  are  placed  in  the 
same  envelope  (Form  E  No.  G)  with  those  of  white  applicants  and  their 
numbering  begins  with  1,  the  superintendent  may  change  the  lower  num- 
bers on  Form  E  Nos.  G  and  10. 

7.  The    Finishing    Touches. — One    person    in    the    Department    will    be 
charged  with  the  duty  of  distributing  the  papers  to  the  examiners  immedi- 
ately after  they  reach  the  Department.     The  examiners  will  act  promptly 
and  return  the  papers  almost  daily  to  the  Department,   where  a  number 
of  persons  will  be  employed  in  tabulating  results,  issuing  certificates,  etc., 
in  a  regular  and  expeditious  manner. 

The  reports  will  be  sent  to  applicants.  Certificates  and  copies  of  the 
reports  will  be  sent  to  division  superintendents.  After  making  a  record  of 
a  certificate  and  endorsing  the  same,  the  division  superintendent  will  for- 
ward the  certificate  to  its  owner. 

8.  In  all  cases  in  which  combinations  are  desired,  as  provided  in  Sec- 
tion 42  of  Form  E  No.  19,  the  certificate-report  to  be  combined  must  be  at- 
tached to  Form  E  No.  2.    The  importance  of  this  regulation  should  be  called 
to  the  attention  of  all  teachers  who  desire  a  combination.     The  Department 
cannot  take  up  valuable  time   in   changing  examination   reports,  returned 
after  the  work  has  been  completed,  and  a  report  of  same  has  been  mailed 
to  both  superintendent  and  applicant.     Hereafter  the  applicant's  name  will 
appear  on  Form  E  No.  2. 


INDEX 


ACCIDENTS:  Page 

Instruction  for  prevention  of,  to  give  pupils,  section  91 75 

ADMISSION  OP  PUPILS: 

See  Pupils. 
ADULTS: 

Admission  of,  into  schools — See  Pupils. 
AGRICULTURE: 

All-day,  part-time  or  continuation  or  evening  classes  in,  section 

50,   sub-section    2 40 

Conference  for  betterment  of  agricultural  conditions,  Governor 

may  call,  section  181,  sub-section  6 145 

Departments  of,  in  certain  high  schools,  section  96 79 

Elementary,  may  be  taught  in  common  schools,  section  50 40 

Regulation    111 195 

Promotion  of,  supervisors  may  make  appropriations  for,  sec- 
tion 97 80 

Section    182 145 

Schools  and  departments  of,  establishment  and  maintenance  of, 

section    50 40 

AGRICULTURAL  HIGH  SCHOOLS: 

Appropriations  by  State,  section  151 122 

By  board    supervisors,     for    establishment,     equipment,   or 

maintenance    of,    section    97 80 

Books,  appliances,  etc.,  used  in,  selected  by  State  Board  Edu- 
cation, regulation  119 199 

Buildings,  suitable  provided  and  equipped,  including  workshops, 

etc.,  section  96,  sub-section  3 80 

Centers  for  directing  demonstration  farm  work,  used  as,  under 
regulations  prescribed  by  State  Board  Education  and 
president  V.  P.  I.,  section  96,  sub-section  5 80 

Course  in  agriculture,  domestic  arts  and  sciences,  and  manual 
training  in  addition  to  academic  course,  to  be  provided, 
section  96,  sub-sections  1,  3  and  4 79 

Female  students,  to  be  instructed  in  domestic  arts  and  sciences, 

section    96,    sub-section    4 80 

Equipment   to   be   provided   by   district   board,    section    96, 

sub-section    4 80 

May  also  take  course  in  agriculture,   section   96,   sub-sec- 
tion   4 80 

Five  acres  of  land  for  each  school,  to  be  acquired  for  demon- 
stration in  agricultural  science,  section  96,  sub-sec- 
tion 1 79 

One,  at  least  in  each  high  school  in  each  congressional  district 
to  be  selected  by  State  Board  Education,  section  96, 
sub-section  1 79 

Product  of  each  student,  careful  account  kept  of,  etc.,  section 

96,    sub-section   2 79 

Proceeds  sales  of,  application  of,  section  96,  sub-section  2.      79 

See  High  Schools. 


208  Virginia  School  Laws 

ALCOHOL  AND  NARCOTICS:  Page 

Effect  of,  to  be  taught,  section  88 75 

ANNUAL  REPORTS: 

See  the  various  boards  and  officers. 
APPEALS: 

Attendance  and  cost  education,  pupils  from   adjoining  district 
another  county,  to  Superintendent  Public  Instruction, 

regulation    125 201 

Pupils   from   another    district,    to   school    trustee   electoral 

board,  section  98 81 

Pupils  whose  parents  or  guardians  reside  in  another  dis- 
trict, to  school  trustee  electoral  board,  section  99.  ...      81 
Board  of,  school  trustee  electoral  board,  permanent,  section  25 ..      29 

Election  of  teacher,  in  matter  of,  section  49,  sub-section  2.  ...      38 
Regulation  95    191 

Evidence  in  writing  for,  regulation  85 189 

General — Five  heads  of  families  aggrieved,  to  division  Superin- 
tendent,   section    29 30 

Regulation  85    189 

To  school  trustee  electoral  board,  section  29 30 

From  division  superintendent  to  Superintendent  Public  In- 
struction, regulation  1,  sub-section   6 157 

Regulation  85    189 

From  Superintendent  Public  Instruction  to  State  Board  Ed- 
ucation, section  7,  sub-section  9 18 

Regulation  1,  sub-section  6 157 

Regulation  85    189 

In  local  matters  generally,   to  division  superintendent,  regula- 
tion   85 189 

Revocation  of  teacher's  certificate,  to  Superintendent  Public  In- 
struction, regulation  20 164 

School-houses,  use  of  for  certain  purposes,  granted  by  any  trustee 

of  district,  section  62 46 

Appeal  to  district  board  if  trustee  refuse,  section  62 46 

Appeal  to  school  trustee  electoral  board  by  five  citizens  or 

county  board  of  supervisors,  section  62 .".  .  .      46 

School  trustee  electoral  board,  permanent  board  of,  section  25.  .      29 

Teacher  or  school  officer,  by,  regulation  85 189 

Title  to  real  estate  for  school  purposes,  as  to  examination  and 

approval  of  by  attorney  at  law,  section  57 43 

Appeal  to  circuit  court  or  judge,  section  57 43 

Appeal  to  court  of  appeals,  section  57 43 

(See  also  section  59.) 
APPLICANTS  FOR  CERTIFICATES  TO  TEACH: 

See  Certificates,  Teachers';   Examinations,  Teachers'. 
APPLICANTS  TO  PRACTICE  MEDICINE: 

Certificate  Board  of  Education,  shall  file,  section  183,  sub-sec- 
tion  8 146 

Preliminary   education    of,    shall    meet   requirements    Board    of 

Education,    section    183,    sub-section    8 146 

How  requirements  fulfilled,  section  183,  sub-section  8....    146 


Index  209 


APPLIANCES:  Page 
Selected  by  State  Board  Education,  section  8,  sub-section  4  (Con- 
stitution)             8 

Section  7,  sub-section  6 17 

Regulation  119 199 

APPORTIONMENT  OF  SCHOOL  FUNDS: 

See  School  Funds. 
APPROPRIATIONS : 

By  Board  Supervisors,  for: 

Agriculture,  promotion  of,  section  182 145 

Agricultural   demonstration  and   experiment  work,   section 

181,   sub-section    4 144 

Agricultural  high  schools,  section   97 80 

Schools  (non-sectarian)  of  manual,  industrial  and  technical 
training,  district  boards  may  make,  section  49,  sub-sec- 
tion 15 40 

By  City  Council: 

In  lieu  of  school  tax,  section  193 .    152 

By  General  Assembly,  for: 

Departments  of  agriculture,  etc.,  in  high  schools,  section  151   122 

Graded  schools,  section  151 122 

High    schools,    section    94,    sub-section    4 77 

Section  151 122 

Laurel  reformatory  school,  section  151 122 

Section   179,    sub-section    3 141 

Libraries  in  public  schools,  section  151 122 

Section  154 128 

Loans  to  students  in  higher  and  special  educational  institu- 
tions, section  152 126 

Negro  reformatory  school,  Hanover  county,  section  151...    122 

Section  180,  sub-section  3 142 

Normal  instruction  in  high  schools,  section  95,  sub-section 

1    78 

Section  151    122 

Public  schools,  etc.,  general,  section  151 122 

Not   made   to   private   schools — exception — section    17 

(Constitution)     9 

Rent  of  offices  for  State  Board  Education,  section  151.  ...    122 

Rural  schools,   section   151 122 

Salary  and  expenses,  Superintendent  Public  Instruction,  sec- 
tion 151 122 

School  at  Laurel  reformatory,  section  151 122 

Section    179,   sub-section    3 141 

At  Negro  reformatory,  Hanover  county,  section  151..    122 

Section  180,  sub-section  3 142 

At  Va.  home  and  industrial  school  for  girls,  Chester- 
field county,  section  151 122 

State  school  funds,  section  136,  sub-section  1 101 

Section  151 122 

Summer  normal  schools,  section  86,  sub-section  2 74 

Section  151 j 22 

Teachers'  pensions,  section   83,   sub-section   5 70 

Section  151' , 122 

Testing  sight  and  hearing  of  pupils,  section  107 87 


210  Virginia  School  Laws 

APPROPRIATIONS :  — Continued.  Page 

Traveling  libraries,  section  151 < 122 

Section   153    127 

Virginia  home  and  industrial  school  for  girls,  Chesterfield 

county,   section   151 122 

ARBOR  DAY: 

To  be  designated  annually  by  Governor,  section  157 132 

ATTORNEY  GENERAL: 

Duties  of,  in  collecting  and  compromising  fines,  regulation  135.    204 
Examine   bonds   of   Superintendent   Public   Instruction   and   his 

clerks,  section  13 25 

Member  State  Board  Education,  section  6  (Constitution) 6 

Section    3 13 

State  Board  of  Education  may  instruct,  to  proceed  against  pub- 
lishers text-books  for  violations   of  contracts,   section 

8,   sub-section   7 23 

AUDITOR,  SECOND: 

See  Second  Auditor. 
AUDITOR  OF  PUBLIC  ACCOUNTS: 

High  school  fund,  turn  over  to  Second  Auditor  on  itemized  state- 
ment of  Board  of  Ednc-ation,  section  94,  sub-section  4 .  .      77 
Literary  fund,  pay  over  in  money  amounts  going  to,  section  131.      99 
Local  school  taxes,  have  land  and  property  books  ruled  for  all, 

section    140 106 

Section  150 122 

Receipts  and  disbursements  by  counties  and   cities,   include  in 

his  annual  report,  statement  of,  section  125 95 

Relief   to   treasurers,    grant   if    State   school   warrant   lost,    sec- 
tion   123 95 

School  taxes,  keep  separate  and  distinct  from  all  others,   sec- 
tion   150 122 

State  school  funds,  report  to  Superintendent  Pubic  Instruction, 
November  1st,  amount  of  applicable  to  schools  for  year, 

section    132 199 

Distributive  statement  of  apportionment  of,  furnished  to, 

section    132 99 

Issue  warrants  for,  to  each  county  and  city  treasurer,  sec- 
tion   132 100 

Report  residue  of,  if  more  than  approximate  statement  of 

November  1st,  section  135 101 

AVERAGE  ATTENDANCE: 

Effect  of  prevalence  of  contagious  diseases,  factional  spirit,  etc., 

on,  regulation  123 200 

Minimum,  20  pupils,  regulation  123 200 

May  be  fixed  at  15  by  division  superintendent,  when,  regula- 
tion   123 200 

May  be  fixed  at  10  by  Superintendent  Public  Instruction, 

when,  regulation  123 200 

Pay  of  teachers  not  governed  by,  when,  section  79 67 

Relief  of  teachers  from  loss  of  pay  on  account  of,  when,  sec- 
tion   80 67 

BOARD  OF  APPEAL: 

School  trustee  electoral  board  a  permanent,  section  25 29 

BOARD  OF  EDUCATION: 

See  State  Board  of  Education. 


Index  211 


BOARD  OP  MEDICAL  EXAMINERS  FOR  VIRGINIA:  Page 

See  section  183  for  requirements  relating  to  preliminary  educa- 
tion required  of  applicants  to  practice  medicine,  etc.  .    145 
BOARD  OF  SUPERVISORS: 

Additional  tax  for  principal  and  interest  of  bonds,   must  levy, 

section    139 105 

Agriculture,  may  make  appropriations  for  promotion  of,  section 

182    145 

Agricultural  schools,  may  make  appropriations  for,  section  97.  .      80 
Demonstration  and  experiment  work,  section  181,  sub-sec- 
tion 4    144 

Appeal,  may,  from  decision  of  attorney  as  to  title  to  school  prop- 
erty, section  57 43 

To  circuit  court  or  judge,  section  57 43 

To  court  of  appeals,  section  57 43 

Bond  issue,  must  confirm  statement  of  school  board  before  vote 

on,  section  68,  sub-section  1 51 

Bookkeeping  and  accounting  system  for  school  boards,  State 
Accountant  to  establish  when  requested  by  board  su- 
pervisors, section  184,  sub-section  17 149 

Dog  tax,  may  devote  part  of,  to  schools,  section  136,  sub-sec- 
tion 3 101 

Section  142,  sub-section  3 108 

Estimates  of  county  school  board  submitted  to,  section  39,  sub- 
section 2  .  .  '. 32 

Section  136,  sub-section  3 101 

Examination  of  books  and  accounts  of  school  boards  by  State 
Accountant  when  requested  by  board  supervisors,  sec- 
tion 184,  sub-section  17 149 

Increasing  local  taxes,  shall  submit  question  to  people  when,  sec- 
tion 136,  sub-section  3 101 

Powers  and  duties  of,  in  cities  of  second  class,  section  188.  .  .  .  150 
Salary  of  division  superintendent,  may  supplement,  section  18.  .  27 
Taxes,  county  and  district,  to  levy,  section  3  (Constitution)  ...  5 

Section  136,  sub-section  3 101 

Section  138,  sub-section  2 .\  .  .  .  . 105 

Additional,  for  principal  and  interest  of  bonds,  section  139.    105 

Sub-district  school  tax,  section  69,  sub-section  17 59 

Vaccination  of  school  children,  may  compel,  section  106 87 

Provide  for  free,  of  poor  children,  section  105 86 

BOARDS  OF  VISITORS: 

How  appointed,  section  18    (Constitution) 10 

Superintendent  Public  Instruction  member  of,  section  15 25 

BONDS: 

Bonded  indebtedness  of  towns  and  cities  limited,  section  4  (Con- 
stitution)    5 

Bond  issue  by  towns  to  build  school-houses,  etc.,  section  175.  . .  139 
Bond  issue  must  be  authorized  by  majority  of  qualified  voters, 

section  68,  sub-section  1 51 

Section    68,    sub-section   4 52 

Building  and  furnishing  school-houses,  section  68 51 

Election  for  bond  issue,  how  ordered,  conducted  and  paid  for, 

section   68,  sub-sections  5  and  6 52 


212  Virginia  School  Laws 


BONDS: — Continued.  r'age 
How  canvassed,  certified,  and  recorded,  section  68,  sub-sec- 
tion   7 53 

Who  may  vote  in,  section  68,  sub-section  8 54 

General  law,  special  acts  not  repealed  or  amended  by,  section  68, 

sub-section    10 .,     54 

Interest  and  sinking  fund,  how  paid,  section  68,  sub-section  9.  .      54 

Special  tax  to  pay,  section  139 105 

Loans  from  literary  fund  for  building  school-houses,  to  secure, 

section    67,    sub-section    4 50 

Lien  on  houses  erected  or  procured  to  secure  payment  of, 

section  68,  sub-section  2 52 

Possible  lien  on  all  school  property  of  district,  section  68, 

sub-section  2 52 

Proceeds  of  bond  issue  not  to  be  used  for  other  purposes  than 
erecting  and  furnishing  school-houses,  section  68,  sub- 
section 3 52 

Special  acts,  general  law  does  not  repeal  or  amend,  section  68, 

sub-section    10 54 

Special  tax  to  pay  principal  and  interest,  section   139 105 

Who  may  vote  in  elections  for  bond  issue,  section  68,  sub-section 

8    54 

BONDS,  OFFICIAL.: 

Of   County  •  treasurer,   section    108 88 

Officers  of  sub-district,  section  69,  sub-section  8 57 

Persons  having  custody  teachers'  pension  funds,  section  83, 

sub-section    9 71 

Special  depositary  in  case  school  funds  transferred  to,  sec- 
tion 126,  sub-section  4 96 

Superintendent  Public  Instruction  and  his  clerks,  sections 

12,   13,  and  14 24 

Treasurer  of  sub-district,  section  69,  sub-section  17 60 

State  Officers,  deputies,  etc.,  to  give,  section  2   (Constitution)  .  .        5 

Section    12 24 

BRANCHES  TO  BE  TAUGHT: 

See  Studies. 
BUILDINGS,  SCHOOL: 
See  School-houses. 
CAPITATION  TAX: 

See  School  Funds. 
CENSUS  OF  DEAF  AND  BLIND: 

Clerk  of  district  board  to  take,  section  44 36 

His    compensation,    section    44 36 

Division  superintendent  to  transmit  report  of,  for  county  to  su- 
perintendent of  school  for  Deaf  and  Blind,  section  44.  .      36 
CENSUS  OF  SCHOOL  POPULATION: 

Clerk  of  district  board  to  take,  section  43 36 

Section    44 36 

Section  46 , 37 

Section  198,  sub-section  7    154 

His  compensation,  section  43 36 

District  board  to  see  to  taking  of,  section  49,  sub-section  5.  ...      39 

Section   198,   sub-section   7 154 

Returns  submitted  to  for  revision,  section  43 36 


Index  213 

CENSUS  OF  SCHOOL,  POPULATION: — Continued.  Page 

Forms  for,  furnished  by  Superintendent  Pubic  Instruction,  sec- 
tion   43 36 

Returns  submitted  to  district  and  county  boards,  section  43.  ..  36 

Delivered  to  division  superintendent,  section  43 36 

Open  to  inspection  of  any  citizen,  section  43 36 

When  boundaries  of  school  districts  changed,  how  taken,  sec- 
tion   45 37 

When  school  district  situated  in  more  than  one  county,  section 

46    37 

CERTIFICATES,  TEACHERS' : 

Age  of  applicants   for,   regulation    6 160 

Applicants  for,  to  notify  division  superintendent,  regulation  7.  .  160 

Division  superintendents  to  keep  register  of,  regulation  13.  163 

Notice  of  change  renewal  terms,  regulation  59 183 

Accredited  Virginia  institutions  for  issuance  of,  regulation  21.  .  164 

Registration  and  inspection  of,  regulation  21 164 

Of   other   States,    regulation    22 165 

Altered  or  erased,  to  be  returned  to  Department  Public  Instruc- 
tion, regulation  56 181 

Classes  of,  and  requirements  for: 

City  Normal  School,  regulation  29 166 

Collegiate,  regulation  31 167 

Elementary,    regulation    46 174 

Elementary    Professional,    regulation    37 *.  ...  168 

First   Grade,    regulation,    44 172 

First  Grade  High  School,  regulation  42 172 

High  School  Training,  regulation  38 f  168 

Industrial  First  Grade,  regulation  41 '  170 

Industrial  Second  Grade,  regulation  45 173 

Junior  College,  regulation  34 167 

Junior  State  Normal,   regulation   35 167 

Life  Diplomas,  regulation   54 180 

Normal  Industrial,  regulation  36 168 

Old  Professional,  regulation  52 179 

Professional    Collegiate,    regulation    27 166 

Professional  First  Grade,  regulation  40 170 

Professional  University,   regulation    26 166 

Provisional  (Certificates),  regulation  55 180 

Second  Grade,  regulation  47 174 

Second  Grade  High  School,  regulation  43 172 

Service   (Certificates),  regulation  53 179 

Special,  regulation   49 175 

State  Military  Institute,  regulation  32 167 

State  Normal  School,   regulation    28 166 

State  Polytechnic  Institute,  regulation  33 167 

Summer  School  Professional,  regulation  39 169 

Summer    School    Professional,    College    Grade,    regulation 

50  (d).     176 

Third  Grade,  regulation  48,  when  holder  of  ineligible,  regu- 
lation   25 166 

University,  regulation  30 167 

College,   definition   of,   for  accrediting  for   issuance   of,   regula- 
tion   61 ,  184 


214  Virginia  School  Laws 


CERTIFICATES,  TEACHERS': — Continued.  Page 

College    Junior,  recognition    of,   for    accrediting    for    issuance 

of,   regulation    66 .. 185 

Contract  not  legal,  without  certificate,  section  78 67 

Section    198,    sub-section   3 154 

Regulation  18 164 

Division  superintendent  subject  to  fine  $25  for  permitting 

person  to  teach  without  certificate,  regulation  18 164 

Endorsement   of   by   division   superintendent,    section   78 67 

Regulation  17 /  164 

Refuse    to    endorse,    division    superintendent   may,    regula- 
tion   19 164 

Report  refusal  to  Superintendent  Public  Instruction,  regula- 
tion   19 164 

Extended  or  renewed  by  Superintendent  Public  Instruction,  regu- 
lation  15 163 

Notice  as  to  change  renewal  terms,  regulation  59 183 

High  schools,  registration  and  inspection  of,  for  issuance  of,  reg- 
ulation  21 164 

Requirements  as  to  certificates  of  teachers  in,  regulation  50  175 
Higher  branches,  requirements  as  to  certificates  of  teachers  of, 

regulation    50 175 

Issued  by  Superintendent  Public  Instruction,  regulation  14 163 

List  pf,  entitling  holders  to  teach  higher  branches,  regulation  57  182 
Normal  schools,  registration  and  inspection  of,  for  issuance  of, 

regulation  21 164 

Other  States,  recognition  of,  regulation  23 165 

Rank  of,  suggestions  as  to,  regulation  58...' 183 

Recognition  of  universities  and  colleges  of  other  States  for  issu- 
ance of,  regulation  22 165 

Virginia  institutions,  regulation  21 164 

Registration  and  inspection  of  institutions  accredited  for  issu- 
ing,  regulation    21 164 

Accredited  institutions  other  States,  regulation  22 165 

Requirements  as  to  admission  into  institutions,  etc.: 

Advanced  standing,  regulation  65 184 

Conditioned    students,    regulation    63 184 

Special  students,  regulation  64 184 

Units,  how  defined,  regulation  62 184 

Renewal  of,  terms  and  conditions,  regulation  51 178 

Notice  as  to  change  of  terms  and  conditions,  regulation  59.  .  183 

Revocation  of,  by  division  superintendent,  regulation  20 164 

Subject  to  appeal  to  Superintendent  Public  Instruction,  reg- 
ulation  20 164 

University,  definition  of,  for  accrediting  for  issuance  of,  regula- 
tion  60 183 

Universities  and  colleges  of  other  States  accredited  for  issuance 

of,   regulation    22 165 

Virginia  institutions,  regulation  21 164 

What  certificates  shall  state,  regulation  16 164 

CHILD  LABOR: 

Age  when  unlawful  to  employ  children,  section  155 129 

Certificate  of  employment — 

Accessible  to  inspector,  section  155,  sub-section  3 129 

How  and  by  whom  issued,  section  155,  sub-section  3 129 

Kept  on  file,  section  155,  sub-section  3 129 


Index  215 


CHILD  LABOR: — Continued. 

Employments  prohibited,  section  155,  sub-sections  1,  4,  5...  129-131 

Evidence  of  age,  section  155,  sub-section  3 129 

Exemptions  from  provisions  of  act,  section  155,  sub-section  6.  .    131 
Hours  of  labor  for  employment  of  child,  section   155,   sub-sec- 
tions   1,    2,    4 129-130 

How  child  may  be  released  from  operation  of  act,  section  155, 

sub-section  6 131 

Inspectors,  certificates  must  be  accessible  to,  section   155,  sub- 
section   3 129 

Lists  of  children  employed  must  be   posted,   section   155,   sub- 
section   3 129 

Penalty  for  violating  provisions  of  act,  section  155,  sub-section  6  131 
School  census  or  school  record  of  child  may  be  used  as  proof  of 

age,  section  155,  sub-section  3 129 

CIRCUIT  COURT  OR  JUDGE: 

Annual  statement  of  school  boards,  instruct  grand  jury  to  in- 
quire if  made  and  posted,  section  137 . 102 

Appoint  one  member  school  trustee  electoral  board,  section  22.  .      28 
Bond  issues,  order  special  elections  for,  section  68,  sub-section  5.      52 
Boundaries  of  school  districts,  instruct  grand  jury  to  inquire  if 
division  superintendent  has  furnished  to  railways,  etc., 

section   149    (i)    and    (1) ...117   and   119 

Cash  for  school  funds,  treasurer  must  exhibit  before,  section  122      94 
County,  city,  and  district  officers,  power  to  remove,  section  74.  .      65 
Discounting  warrants  by  county,  district,  or  school  officers,  in- 
struct grand  jury  against,  section  70,  sub-section  3..      64 

Duties  of,  under  compulsory  education  law,  section  103 83 

Elections  for  bond  issue,  order  special,  section  68,  sub-section  5  52 
Instruct  grand  jury  to  inquire  if  annual  statement  of  school 

boards  made  and  posted,  section  137 102 

Against  discounting  warrants,  section  70,  sub-section  3.  ...      64 
Inquire  if  division  superintendent  has  furnished  boundaries 
of   school   districts   to   railways,    etc.,   section    149    (i) 

and    (1)     .  .- 117   and   119 

Remove  county,  city,  or  district  officers,  power  to,  section  74..  65 
Sale  or  exchange  of  school  property,  make  order  for,  section  40 ..  34 
Title  to  real  estate  acquired  by  school  boards,  select  attorney 

to   examine,   section    57 43 

Attorney  to  examine  and  approve,  section  57 43 

Compensation  fixed  by  court,  section  57 43 

Appeal  to  court,   section   57 43 

Appeal  to  court  of  appeals,  section  57 43 

(See  also  section   59) 

Treasurer  must  exhibit  cash  for  school  funds,  before,  section  122      94 
CITIES : 

Admission  of  non-resident  pupils  into  schools  of,  section  99,  sub- 
section   1 81 

Apportionment   of   State   school   fund    to,    section    195 153 

Bonded  indebtedness  of,  limited,  section  4  (Constitution) 5 

Classification   of,   section   186 150 

Division  superintendent  schools  of,  how  paid,  section  18 27 

Section  19 27 

Section  196   .  ,    153 


216  Virginia  School  Laws 


CITIES: — Continued.  Page 

Efficient  system  of  schools  to  be  maintained  in,  section  185 149 

Section    198 153 

Non-resident  pupils,  how  admitted  into  schools  of,  section  99, 

sub-section  1 81 

School  districts,  number  and  boundaries  of,  reported  to  Superin- 
tendent Public  Instruction  and  recorded  in  his  office 

and  in  office  clerk  of  court,  section  187 150 

Each  ward  a  school  district,  section  187 150 

Second  class  cities  as,  section  188 150 

School  law  for  counties,  subject  to,  unless  otherwise  provided, 

section   185 149 

Section   198,   sub-section   15 156 

School  property,  title  to  may  vest  in,  section  189 151 

School  system,  efficient,  to  be  maintained  in,  section  185 149 

Section  198 153 

Second  class  as  school  districts,  section  188 150 

State  school  fund,  how  apportioned  to,  section  195 153 

Title  to  school  property  may  vest  in,  section  189 151 

Vaccination  of  poor  children,  council  to  provide  free,  section  106  87 

Ward,  each  a  school  district,  section  187 150 

CITY  COUNCIL: 

Appoints  school  trustees,  section  192 152 

No  member  or  officer  of,  to  be  trustee,  section  198 153 

Appropriation,  to  make,  or  levy  school  tax,  section  193 152 

Bookkeeping  and  accounting  system  for  city  school  board,  State 

Accountant   to   establish   when   requested   by   council, 

section  184,  sub-section  17 149 

State  Acountant  to  examine  books  and  accounts  of  board 

when  requested  by  council,  section  184,  sub-section  17  149 
Division  superintendent  of  schools,  may  supplement  salary  of, 

section  18 ' 27 

No  member  of,  to  be,  section  191 152 

Estimates  of  needs  of  schools,  city  school  board  to  submit  to, 

section  194 152 

Examination  of  books  and  accounts  of  city  school  board  by  State 

Accountant   when   requested   by   council,   section    184, 

sub-section  17 149 

Member  of,  not  to  be  division  superintendent,  section  191 152 

Member  or  officer  of,  not  to  be  trustee,  section  198 153 

School  tax,  to  levy,  or  make  appropriation,  section  193 152 

School  trustees,  appoints,  section  192 152 

Vaccination  of  school  children,  may  compel,  section  106 87 

CITY  SCHOOL  BOARD: 

A  corporation,  title,  section  189 151 

Appointment  of  members  of,  by  city  council,  section  192 152 

Qualification    of,    section    198 153 

Quorum  of,  section  190 151 

Term  of,  section  192 152 

Vacancy,  how  filled,  section  192 152 

Admission  of  non-resident  pupils,  may  prescribe  rules  for,  sec- 
tion 99,  sub-section  1 81 

Apportionment  of  State  funds  to  city,  section  195 153 

Disbursed  on  orders  of,  section  195 153 


Index  217 


CITY  SCHOOL  BOARD : — Continued.  Page 

Appropriations  or  levies  for  schools,  request  council  to  make, 

section  l^S,  sub-section  14 155- 

Approval  of  claims,  record  of  kept  by,  section  198,  sub-section  13  155 
Books  and  accounts  of,  State  Accountant  to  examine,  when  re- 
quested by  council,  section  184,  sub-section  17 149 

Bookkeeping  and  accounting  system  for,  State  Accountant  to 
establish,  when  requested  by  council,  section  184,  sub- 
section 17 149 

Boundaries  of  school  districts,  power  to  prescribe  number  and, 

section   187 150 

Reported  to  Superintendent  Public  Instruction  and  recorded 
in  his  office  and  in  office  clerk  of  corporation  or  cir- 
cuit court,  section  187 150 

By-laws  and  regulations,  make,  section  190 151 

Census,  school,  see  that  is  taken,  section  198,  sub-section  7.  .  .  154 
Chairman  of,  to  certify  statement  of  receipts  and  disbursements 

of  city,  section  125 .  .  . 95 

Claims,  examine,  approve,  and  pay,  section  198,  sub-section  13.  .  155 

Record  of  kept  by,  section  198,  sub-section  13 155 

Warrants  of,  how  drawn,  section  198,  sub-section  13 155 

Clerk  of  board,  how  appointed,  and  duties,  section  190 151 

Section    198,   sub-section    15 156 

Duties  under  compulsory  law,  section  103 83 

.     Salary  of,  section  190 151 

Who  ineligible  as,  section  191 152 

Decide  what  children  are  indigent,  section  198,  sub-section  5..  154 

Division  superintendent,  may  supplement  salary  of,  section  18.  .  27 

Salary  of,  section  196 153 

May  teach  when  requested  by  board,  section  197 153 

Who  ineligible  to  office  of,  section  191 152 

Duties  and  powers  of,  section  189 151 

Section  198    153 

Others  as  prescribed  by  State  Board  Education,  section  198, 

sub-section  15 156 

Estimate  of  funds  needed  for  schools,  submit  to  council,  section 

194     152 

Section   198,   sub-section    14 155 

Examine,  approve,  and  pay  claims,  section  198,  sub-section  13.  .  155 
Examination  of  books  and  accounts  of,  when  requested  by  coun- 
cil, section  184,  sub-section  17 149 

Furniture,  provide  school-houses  and,  section  198,  sub-section  10  154 

Glebe  lands,  may  vest  in  and  be  managed  by,  section  127 97 

Section  128 98 

High  and  normal  schools,  etc.,  may  establish,  section  198,  sub- 
section 6 154 

Indigent  children,  decide  what  children  are,  section  198,  sub- 
section 5 154 

Provide  text-books  for,  section  198,  sub-section  5 154 

Ineligible  as  members,  who,  section  198 153 

Jurisdiction,  its  territorial,  section  190 151 

Levy  or  appropriation  for  schools,  request  council  to  make,  sec- 
tion 198,  sub-section  14 155 

Libraries,   duties  in  regard  to,   section   154 128 

Medical  inspectors  of  schools,  may  appoint,  regulation  133.  .  .  .  203 


218  Virginia  School  Laws 


CITY  SCHOOL  BOARD :  — Continued.  Page 

Meetings  of,  regular  and  special,  section  198,  sub-section  8...    154 

Quorum  of  board,  section  190 • 151 

Meetings  of  people  of  city,  call,  section  198,  sub-section  9 154 

Non-resident  pupils,  may  prescribe  rules  for  admission  of,  sec- 
tion 99,  sub-section   1 81 

Normal  schools,  may  establish  high  and,  section  198,  sub-sec- 
tion   6 154 

Oath  of  members,  section  198 153 

Powers  and  duties  of,  section   189 151 

Section    198     153 

Others  as  prescribed  by  State  Board  Education,  section  198, 

sub-section    15 r 156 

Property  by  gift,  grant,  or  devise,  may  take  and  manage  as  coun- 
ty or  district  board,  section  198,  sub-section  15 156 

Pupils,  admission  of  non-resident,  may  prescribe  rules  for,  sec- 
tion 99,  sub-section  1 81 

Conduct  of  to  and  from   school,  may  prescribe  rules  for, 

section  198,  sub-section  1 154 

Suspend  or  expel,  may,  section  198,  sub-section  4 154 

Vaccination  of,  may  suspend  law  for,  section  105 86 

Qualification   of  members,   section   198 153 

Term  of,  section  192 152 

Quorum  of,  section  190 151 

Rules  for  government  of  schools,  and  conduct  of  children  to  and 

from  school,  to  make,  section  198,  sub-section   1 154 

Sale  or  exchange  of  school  property,  may  petition  for,  section  40      34 
School,  not  to  conduct  in  house  condemned  by  division  superin- 
tendent, section   198,  sub-section  10 154 

School  affairs  in  cities,   administered  by,  section   185 149 

School  districts,  power  to  prescribe  number  and  boundaries  of, 

section    187 150 

School  funds,  to  manage  and  control,  section  198,  sub-section  12.    155 
Estimate  of  needed  for  schools,  submit  to  council,  section 

194 152 

Section  198,  sub-section  14 155 

On    failure    of    treasurer    to    give    division    superintendent 
statement,  after  failure  to  pay  warrant,  may  have  funds 

transferred   to   special   depositary,   section    126 96 

On  failure  of  treasurer  to  pay  warrant,  duty  to  furnish  di- 
vision   superintendent    complete    statement    of    school 

funds,  section  126,  sub-section  1 96 

On  failure  of  treasurer  to  pay  warrant,  having  funds,  may 

have  all  transferred  to  special  depositary,  section  126.      96 

State,  apportionment  of  to  city,  section  195 153 

Disbursed  on  order  of,  section  195 153 

School-houses,  may  lease,  purchase,  or  build,  section  198,  sub- 
section   10 154 

Condemned    by    division    superintendent*  not    to    conduct 

school  in,   section   198,  sub-section   10 154 

Not  to  build  until  plans,  etc.,  approved  in  writing  by   di- 
vision superintendent,  section  198,  sub-section  10....    154 
Provide  school-houses  and  furniture,  section  198,  sub-sec- 
tion  10. .  154 


Index  219 


CITY  SCHOOL  BOARD: — Continued.                                                                  Page 
School  laws,  explain,  enforce,  and  observe,  section  198,  sub-sec- 
tion   1 154 

For  county  and  district  boards,  apply  to  unless  otherwise 

provided,  section  185 149 

School  property,  care  for,  manage,  and  control,  section  198,  sub- 
section 10 154 

Sale  or  exchange  of,  may  petition  for,  section  40 34 

Take  and  manage  property  from  gift,   grant,  etc.,  section 

198,   sub-section    15 156 

Title   to,   vests   in,    exception,    section    189 151 

(See  section  57  as  to  examination,  approval,  etc.,  of  title.) 

State  school  funds,  apportionment  of  to  city,  section  195 153 

Disbursed  on  orders  of,  section  195 153 

State  students  of  V.  P.  I.,  select,  section  168 136 

Studies,  determinate  methods,  government  of  schools  and,  sec- 
tion 198,  sub-section  2 154 

Teachers,  to  employ  and  dismiss,  section  198,  sub-sectien  3.  ...  154 
Not  to  employ  or  pay  as,  brother,  sister,  wife,  son,  or  daugh- 
ter of  any  member  of  board,  section  198,  sub-section  3.  154 
Not  to  employ  or  pay  teacher  who  does  not  hold  certificate, 

section    198,   sub-section    3 154 

Territorial   jurisdiction    of,    section    190 151 

Text-books,  provide  for  indigent  children,  section  198,  sub- 
section 5 154 

Title  to  school  property,  vests  in — exception — section  189....  151 

(See  section  57  as  to  examination,  etc.,  of  title.) 
Trustees  of  several  districts  have  no  organization  or  duties  ex- 
cept those  assigned  by,  section  189 151 

Vacancies  in  membership  of,  how  filled,  section  192 152 

Vaccination  of  pupils,  may  suspend  law  for,  section  105.  .  J.  .  .  .  86 

Visit  schools,  section  198,  sub-section  11 155 

Warrants  of,  how  drawn,  section  198,  sub-section  13 155 

CITY  TREASURER: 

Annual  statement  of  receipts  and  disbursements  of  city,  must 
furnish  to  Auditor  Public  Accounts  for  publication,  sec- 
tion 125  95 

Chairman  of  school  board  to  certify  statement,  section  125.      95 
Bookkeeping  and  accounting  system  for,  State  Accountant  to  es- 
tablish, when  requested  by  council,  section  184,  sub- 
section   17 149 

Books  and  accounts  of,  State  Accountant  to  examine,  when  re- 
quested by  council,  section  184,  sub-section  17 149 

Compensation  and  commissions  of,  section  110 88 

Section  113 90 

Sections   ]  14   and   115 91 

Examination  books  and  accounts  of,  by  State  Accountant,  when 

requested  by  council,  section  184,  sub-section  17....    149 

Ineligible  to  office  of  division  superintendent,  section   191....    152 

To  clerkship  of  school  board,  section   191 152 

On  failure  of,  to  give  division  superintendent  statement,  after 
failure  to  pay  warrant,  city  board  may  have  school 
funds  transferred  to  special  depositary,  section  126..  96 


220  Virginia  School  Laws 


CITY   TREASURER: — Continued.  Page 

On  failure  of,  to  pay  warrant,  having  funds,  city  board  may 
have   funds   transferred   to   special   depositary,   section 

126    96 

Recovery,  penalty,  and  procedure  if  warrant  in  favor  of  de- 
positary not  paid,  section  126,  sub-section  7 97 

Relief  of,   if  Auditor's  school  warrant  lost,  section   123 95 

School  law  for  county  treasurer  applies  to,  unless  otherwise  pro- 
vided, section  185 149 

School  taxes,  must  be  kept  separate  and  distinct,  section  150.  .  .  .    122 

Specify  on  tax  bills,  section   150 122 

State  school  funds,  how  kept  and  disbursed  by,  section  195.  .  .  .    153 

Paid  to  in  cash,  section  21 27 

Section  132    99 

Pay  warrants  on  State  school  tax  fund  out  of  any   State 

funds  received,  section  133 100 

See  County  Treasurer. 
CLERK  OF  CITY  SCHOOL  BOARD: 

Appointment  of,  section  190 151 

Duties  of,  section  190 151 

Same  in  general  as  duties  district  clerk,  section  198,  sub- 
section   15 156 

Under  compulsory  law,  section  103 83 

Salary  of,  section  190 151 

Who  ineligible  as,  section  191 .  .' 152 

See  Clerk  District  School  Board. 
CLERK  OF  COUNTY  SCHOOL  BOARD: 

Duty  of  to  enter  fine  against  treasurer  or  district  clerk,  when, 

section    118 93 

Who  ineligible  as,  section  191 152 

See  County  School  Board. 
CLERK  DISTRICT  SCHOOL  BOARD: 

Annual  report  to,   and  exhibition  of  books  and  papers  before, 

county  school  board,  section  117 92 

Penalty  for  failure,  section  118 93 

Annual  statement  of  county  school  board,  to  post,  section  137.  .    102 
Applicant    for    school    must    send    to,  statement    from    division 
superintendent  that   applicant  holds  certificate,   regu- 
lation  18 164 

Statement  to  be  filed  by,  regulation  18 164 

Appointment  of,  section  42 36 

Apportionment  of  State  and  county  school  funds,  scheme  of, 
to  be  furnished  to,  by  division  superintendent,  regula- 
tion 75 187 

Cash  accounts,  records,  etc.,  keep,  section  47 37 

Contracts  with  teachers,  execute  when,  regulation  96 191 

District  tax,  notified  of  amount  of,  etc.,  regulation  76 187 

Duties  of,  sections  47  and  48 •     37 

As  to  deducting  money  for  teachers'  pensions,  section   83, 

sub-section  4 69 

Execute  contracts  with  teachers,  when,  regulation  96 191 

Keep  records,  cash  accounts,  etc.,  section  47 37 

Open    to    inspection,    section    47 37 

Subject  to  periodical  examination,  section  47 37 

Take  census  of  deaf  and  blind,  section  44 36 


Index  221 


CLERK  DISTRICT  SCHOOL    BOARD: — Continued.  Page 

Take  school  census,   pay  for  same,   section   43 36 

How  taken  when  district  lies  in  more  than  one  coun- 
ty,   section    46 37 

Under  compulsory  education  law,  section  103 83 

Fine  against,  county  school  board  may  remit,  when,  section  118.      93 
Inspect  books,  etc.,  of,  division  superintendent  to,  regulation  73.    186 

Pay  of,  section  48 38 

Records,  cash  accounts,  etc.,  to  keep,  section  47 37 

Register  must  be  delivered  to,  by  teachers,  section  81 69 

Regulation  130 202 

School  census,  to  take,  section  43  .  .  .  / 36 

Section  44 36 

Section  46 37 

CLERK  SCHOOL  TRUSTEE  ELECTORAL  BOARD: 

See  School  Trustee  Electoral  Board. 
CLERKS  OF  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

See  Superintendent  of  Public  Instruction. 
CODE  OF  VIRGINIA: 

What  chapters    66    and    67    include,    respectively.      Note  to  sec- 
tion   185..? 150 

COLLEGE: 

Definition  of,  etc.,  for  accrediting  for  issuance  teachers'  certifi- 
cates, regulation  61 184 

Regulations    62-65 184 

COLLEGE,  JUNIOR: 

Definition  of,  etc.,  for  accrediting  for  issuance  teachers'  certifi- 
cates, regulation  66 185 

Regulations    62-65 184 

COLLEGE  OF  WILLIAM  AND  MARY: 

Annual   report  to   Superintendent   of   Public   Instruction,   presi- 
dent or  chairman  of  board,  to  make,  section  173 138 

What  report  to  contain,  section  173 138 

When  to  be  made,  section  173 138 

Member  of  faculty  eligible  to  position  on  State  Board  of  Educa- 
tion,   section    6     (Constitution), 6 

Section  3 13 

State  students,  how  selected,  expenses,  etc.,  section  161 133 

Loans  to  State  students  of,  section  152 126 

Teach  two  years  in  public  schools  of  State,  section  161.  ...    133 
Superintendent  Public  Instruction  member  board  of,  section  15.      25 
COLORED  PERSONS: 

Defined,    section    101 •. 82 

Separate  schools  for,  section  98 % 81 

COMMERCIAL  EDUCATION: 

All-day,   part-time   or   continuation   or   evening   classes   in,   sec- 
tion   50 40 

Schools  and  departments  of,  establishment  and  maintenance  of, 

section    50 40 

COMMISSIONER  OF  ACCOUNTS: 

Settles  accounts  of  school  boards  when  funds  donated,  etc.,  sec- 
tion   56 42 

COMMISSIONER  OF  REVENUE: 

Duty  of,  as  to  assessments  of  school  taxes,  section  141.  ,    106 


222  Virginia  School  Laws 


COMMONWEALTH'S  ATTORNEY:  Page 

Act  as  attorney  for  county  school  board,  section  41 35 

Duty  to  enter  suit  for  penalties  and  forfeitures,  section  73.  ...      65 

Member  school  trustee  electoral  board,  section  22 28 

Treasurer  must  exhibit  cash  for  school  funds  before,  section  122      94 
COMPULSORY  EDUCATION: 

Applies  in  any  county,  city,  town,  or  magisterial  district  when 
majority  of  qualified  voters  so  direct,  section  103,  sub- 
section 2 83 

Applies  to  children  between  eight  and  twelve  years,  section  103, 

sub-section    1 83 

Attendance  upon  half-time  or  night  school,  effect  of,  section  103, 

sub-section    7 86 

Condition  of  children  in  districts  having,  school  board  to  as- 
certain twice  yearly,  section  103,  sub-section  4 85 

District  clerk  to  prosecute  offences  against  law  providing  for, 

section  103,  sub-sections  6  and  8 85 

Election  for,  only  once  in  two  years,  section  103,  sub-section  2.  .      83 

Form  of  ballot  in,  section  103,  sub-section  3 85 

Provided  for,  may  be,  section  14   (Constitution) 9 

In  certain  cases,  section  103 83 

Violation  of  law  concerning,  penalty  for  and  how  collected,  sec- 
tion 103,  sub-section  5 85 

Offences  against  law  providing  for,  district  clerk  to  prose- 
cute, section  103,  sub-sections  6  and  8 85 

Vote  of  the  people,  when  submitted  to,  section  103,  sub-section  2      83 
CONDEMNATION  OP  LAND  FOR  SCHOOL  PURPOSES: 

Power  of  city  board  as  to,  section  198,  sub-section  15 156 

Power  of  district  board  as  to,  section  58 43 

Section  59 44 

CONFERENCE: 

Governor  may  call  together  certain  officials  for  betterment  agri- 
cultural conditions,  section  181,  sub-section  6 145 

CONSOLIDATION  OF  SCHOOLS: 

Provided  for,  section   92 76 

Urged  upon  division  superintendents  and  school  boards,  regula- 
tion 109 195 

CONTAGIOUS  DISEASES: 

Pupils  suffering  with,  to  be  excluded,  section  105 86 

CONTRACTS  WITH  PUBLISHERS  OF  TEXT-BOOKS: 

Affidavit  of  publishers  as  to  prices,  etc.,  to  accompany,  section 

8,   sub-section    5 22 

Bond  with  surety  to  accompany,  section  8,  sub-section  5 22 

Superintendent  of  Public  Instruction  take  care  terms  and  condi- 
tions of,  complied  with,  section  8,  sub-section  7 23 

State  Board  may  instruct  Attorney  General  to  institute  proceed- 
ings for  violations  of,  section  8,  sub-section  7 23 

Term  for  which  contracts  made,  section  7,  sub-section  6 17 

Terms  and  conditions  of,  section  8,  sub-section  1 .      20 

Section  7,  sub-section  6 17 

Violations  of,  penalty  for,  section  8,  sub-sections  5  and  6 22 

Violations  of,  reported  to  State  Board  by  Superintendent  Pub- 
lic Instruction,  section  8,  sub-section  7 23 


Index  223 


CONTRACT    WITH    FURNISHERS   OF  TEXT-BOOKS: — Continued  Page 
Votes  of  State  Board  on,  in  open  sessions  and  recorded,  section 

8,   sub-section    8  % 23 

Written,  State  Board  to  make,  section  8 20 

CONTRACTS  WITH  TEACHERS: 

Deductions  for  pensions,  provide  for,  section  83,  sub-section  4.  .      69 

Duplicate,  signed  in,  section  82 68 

Executed,  how,  regulation  96 191 

Form  of,  prescribed  by  Superintendent  Public  Instruction,  sec- 
tion 82 68 

Terms  of,  prescribed  at  meeting  of  board,  regulation  95 191 

Written  contracts  obligatory,  section  82 68 

Regulation  96    191 

Regulation   18    164 

CORPORATION  OR  HUSTINGS  COURT  OR  JUDGE: 

Boundaries  of  school  districts  to  be  recorded  in  clerk's  office  of, 

section    187 '.  .  .  .    150 

Discounting  school  warrants,  by  county,  district,  or  school  of- 
ficers, etc.,  instruct  grand  jury  against,  section  70,  sub- 
section 3 64 

Remove  county,  city,  and  district  officers,  power  to,  section  74.  .      65 
Sale  or  exchange  of  school  property,  may  make  order  for,  sec- 
tion  40 34 

Trustees  in  cities  qualify  before,  section  198 153 

COUNTY  INSTITUTES: 

Division  superintendent  to  organize,   etc.,  regulation  88 190 

COUNTY  SCHOOL  BOARD: 

A  corporation — title — section   33 31 

How    constituted,    section    33 31 

Annual  meeting  of,  section  37 32 

How  meetings  called,  section  35 31 

Annual  report  of,  section  38 32 

Annual  settlement  with,  reports  from  and  inspection  of  books  and 
papers  of  county  treasurers  and  clerks  district  boards, 

section    117 92 

Annual  statement  of  receipts  and  disbursements  of  school  funds, 

to  make,  publish  and  post,  section  137 102 

Form  of  statement,  section  137 103 

Penalty  for  failure,  section  137 104 

Appoint  State  students  to  Va.  Polytechnic  Institute,  section  168.    136 

Apportion  county  school  fund,  section  39,  sub-section  3 32 

Regulation    75 187 

Apportionment  of  State  school  fund,  etc.,  duty  as  to,  regula- 
tions 75,  76,  77 187 

Assistant  to  division  superintendent  in   teachers'   examinations 

compensated  by,  regulation  8 160 

Authority  over  sub-district,  section  69,  sub-section  2 55 

Board  of  supervisors,  may  petition  to  submit  question  of  school 

levy  to  people,  section  136,  sub-section  3 101 

Estimate  of  needs  of  schools  submitted  to  by  division  super- 
intendent, section  39,  sub-section  2 32 

Bookkeeping  and  accounting  system  for,  State  Accountant  to 
establish,  when  requested  by  board  supervisors,  section 
184,  sub-section  17 ,  149 


224  Virginia  School  Laws 


COUNTY  SCHOOL    BOARD: — Continued.  Pact 

Books  and  accounts  of,  State  Accountant  to  examine,  when  re- 
quested by  board  supervisors,  section  184,  sub-sec- 
tion 17 149 

By-laws  and  regulations  of,  section  36 31 

Chairman  of,  to  certify  statement  of  receipts  and  disbursements 
of  county,  prepared  by  treasurer  for  Auditor,  section 

125    95 

Clerk  of,  and  his  compensation,  section  36 31 

Commonwealth's  attorney  to  appear  for,  section  41 35 

Counsel,  may  employ,  section  39,  sub-section  4 33 

County  treasurer,  impose  fine  on,  if  he  flails  to  report,  etc.,  sec- 
tion 116 92 

Section  118    93 

Division  superintendent,  may  supplement  salary  of,  section  18.  .  27 
Donations  to  district  in  case  boundaries  are  changed,  provide  for 

fulfillment  of  purposes  of,  section  56 42 

Duties    and    powers    of,    section    39 32 

Estimates  of  district  boards  submitted  to,  section  39,  sub-sec- 
tion 2 32 

Regulation  102    193 

Estimate  by  county  board  submitted  by  division  superin- 
tendent to  board  supervisors,  section  39,  sub-section  2  32 

Section  136,  sub-section  3 101 

Examination  of  books  and  accounts  of,  when  requested  by  board 

supervisors,  section   184,  sub-section   17 149 

Expenses  of,  how  paid,  section  36 31 

Expenses  of  trustees,  may  order  district  boards  to  pay,  section  39, 

sub-section  1 32 

Fine,    may   impose    on   treasurer   for   failure    to   report,    submit 

books,  papers,  etc.,  section  117 92 

Section  116    '. 92 

Section  118    ' 93 

On  district  clerk,  section  118 93 

May  remit  fines  when,  section   118 93 

Glebe  lands,  etc.,  may  vest  in  and  be  managed  by,  section  127.  .  97 

Section  128 98 

High  school  branches,  provide  for  instruction  in,  section  89.  ...  75 

May  charge  fee  for,  section  89 75 

Not  to  interfere  with  elementary,  section  90... 75 

High  schools,  may  establish,  section  89 75 

Irregularities  in  annual  settlement  with  clerks  and  treasurers, 

make  minute  of,  and  take  proper  action,  section  117.  .  92 
Proceed  against  treasurers,  district  boards,  trustees,  trus- 
tees of  school  funds,  etc.,  to  compel  settlements,  sec- 
tion  41 35 

Duty  of  attorney  for  Commonwealth,   section   41....  35 
Loans  to  school  district  for  building  school-houses,  may  make, 

section    66 49 

Medical  inspectors  of  schools,  may  appoint,  regulation  133.  .  .  .  203 

Meetings  of,  how  called,  section  35 31 

Annual  meeting,   section   37 32 

Meetings  of  teachers,  encourage,  section  86,  sub-section  1 74 

Officers  of,  section   34..                                     31 


Index  225 


COUNTY  SCHOOL,    BOARD: — Continued.  Pase 

Powers  and  duties  of,  section  33 31 

Section  39    32 

Not  to  affect  will  of  Samuel  Miller,  section  39,  sub-sec- 
tion 4 33 

Proceed  against  treasurers,  district  boards  and  trustees,  trustees 

of  school  funds,  etc.,  to  compel  settlements,  section  41      35 

Relief  from  sub-district  law,  may  apply  to  State  Board  Education 

for,  section  69,  sub-section  21 63 

Salary  of  division  superintendent,  may  supplement,  section  18.  .      27 

Sale  or  exchange  of  school  property,  may  file  petition  for,  sec- 
tion  40 34 

School  funds,  apportionment  of,  when  district  in  more  than  one 

county,   section   46 37 

County  school  funds,  section  39,  sub-section  3 32 

Regulations  75  and  76 187 

On  failure  of  treasurer  to  give  statement  to  division  super- 
intendent, after  failure  to  pay  warrant,  may  order 
school  funds  transferred  to  special  depositary,  sec- 
tion 126 96 

On  failure  of  treasurer  to  pay  warrant,  having  funds,  may 

have  school  funds  transferred,  etc.,  section  126 96 

State  school  funds,  apportionment  of,  regulations  75  and  76    187 

School-houses,  may  apply  funds  for  investment  to  erection  of, 

when,  section  39,  sub-section  4 33 

May  apply  profits  of  invested  funds  to,  or  purchase  of  ap- 
paratus, section  39,  sub-section  4 33 

May  make  loan  to  school  districts  for  building,  section  66.  .      49 

School  levy,  may  petition  board  supervisors  to  submit  question  of 

to  people,  section  136,  sub-section  3 101 

School  property,  vested  in  or  controlled  by,  to  invest  and  man- 
age, section  39,  sub-section  4 33 

Section  108    88 

Sale  or  exchange  of,  may  file  petition  for,  section  40 34 

Title  to,  examined  and  approved  by  attorney  at  law,  sec- 
tion 57 43 

His  fee  for,  section   57 43 

Appeal  to  circuit  court  or  judge,  section  57 43 

To  Court  of  Appeals,  section  57 43 

(See  also  section  59.) 

State  school  funds,   etc.,  direct  apportionment  of,  etc.,  regula- 
tion   75 187 

State  students  to  Va.  Polytechnic  Institute,  select,  section  168.  .    136 

Sub-district   law   effective    only   when    adopted   by,    section    69, 

sub-section    21 63 

Title  to  school  property,  examination  and  approval  of,  by  attor- 
ney at  law  and  circuit  court  or  judge,  section  57 43 

Section  59    ....,' 44 

Appeal  as  to  approval,  etc.,  section  57 43 

Trusts  for  common  school  education,  examine  into  management 

of,  section  39,  sub-section  4 33 

Trustees,    may   order    district   boards    to   pay   expenses   of,    sec- 
tion 39,  sub-section  1 32 

Vaccination,  may  suspend  law  requiring,  section  105.  .  86 


226  Virginia  School  Laws 


COUNTY  SCHOOli    BOARD: — Continued.  Pag* 

Warrants  paid  by  treasurer,  cause  to  be  properly  cancelled,  sec- 
tion 117 92 

Audit,  and  report  on,  section  134 :  .  .    101 

Cancelled  warrants  to  be  delivered  to  division  superinten- 
dent who  shall  keep  twelve  months  before  destroying 

them,  section  117 92 

COUNTY  SCHOOL  FUNDS: 

Apportioned,  how,  section  39,  sub-section  3 32 

Regulation  75 187 

Collected,  etc.,  by  county  treasurer,  section  108 88 

Embracing  what,   section   136,   sub-section   2 101 

Recovery  of  funds  paid  to  unlicensed  teacher  or  teacher  related 

to  trustee,  etc.,  section  49,  sub-section  2 38 

Residue  of,  may  be  used,  under  certain  conditions,  to  pay  drivers 

of  school  wagons,  regulation  103 193 

Unexpended,  how  treated,  section   119 93 

Regulation  103 193 

See  School  Funds. 
COUNTY  TREASURER: 

Acts  of,  sureties  liable  for,  section  108 88 

Annual  report  to,  and  settlement  with  county  school  board,  ex- 
hibition of  his  books,  papers,  etc.,  section  117 92 

Penalty  for  failure,  section  118 93 

Settle  annually  with  school  boards  and  supervisors  by  Octo- 
ber 1st,  and  exhibit  cash  to  judge  and  Commonwealth's 

attorney,  section  122 94 

Penalty  for  failure,  section  122 94 

Annual  statement  of  receipts  and  disbursements  of  county,  to  fur- 
nish Auditor  of  Public  Accounts,  section  125 95 

Annual  statement  receipts  and  disbursements  of  school  funds, 

to  be  published  and  posted,  section  137 102 

Form  of  statement,  section  137 103 

Penalty  for  failure,  section  137 103 

Bookkeeping  and  accounting  system  far,  State  Accountant  to 
establish  when  requested  by  board  supervisors,  section 

184,    sub-section    17 149 

Books  and  accounts  of,  State  Accountant  to  examine,  when  re- 
quested by  board  supervisors,  section  184,  sub-sec- 
tion 17 149 

Collect,  disburse,  and  invest  funds  controlled  by  county  or  dis- 
trict school  board,  section  108 88 

Commissions  of,  on  local  levies,  section  110 88 

Sections    113,    114,    115 90-91 

On  State  funds,  section  110 88 

In  computing  commissions,  county  and  school  moneys  to  be 

treated  as  one  sum,  section  110 88 

No  commissions  on  funds  appropriated  for  libraries,  section 

154,   sub-section   2 , 128 

Warrant  for,  to  be  drawn,  section  54 41 

(See  section  115  for  construction  of  sections  110,  113  and 
114.) 

Compensation  of,  sections  108,  109,  110 88 

Sections    113,    114,    115 90-91 


Index  227 


COUNTY    TREASURER: — Continued.  Page 

Delinquent  list,  must  return  by  July  1st,  except  in  Accomac  and 

Northampton  counties,  section  112 90 

Disburse   funds   only   on   warrant,    section    110 88 

Duties  of,  in  city  of  second  class,  section  188 150 

Examination  books  and  accounts  of,  by  State  Accountant  when 
requested  by  board  supervisors,  section  184,  sub-sec- 
tion 17 149 

Fines  against — 

County  school  board  may  remit,  when,  section  118 93 

Deducted  from  pay  of,  section  118 93 

Penalties  and  forfeitures  against,  how  sued  for,  section  73 ..      65 
Funds  appropriated  for  libraries,  no  commission  on,  section  154, 

sub-section  2 128 

High  school  fund,  State,  keep  separate,  and  report  on  to  divi- 
sion superintendent,  section  94,  sub-section  3 77 

Pay  out  on  warrants  of  district  board,  section  94,  sub-sec- 
tion 3 77 

Irregularity  in  acts  of,  noted  in  minutes  of  county  school  board 

and  proper  action  taken,  section  117 92 

Loans  from  literary  fund,  may  be  required  to  pay  past  due  inter- 
est or  principal  of,  without  warrant  from  district  school 

board,  section  67,  sub-section  5 50 

Penalties  and  forfeitures  against,  how  sued  for,  section  73.  ,  .  .      65 

Relief  of,   if  Auditor's  school  warrant  lost,   section   123 95 

Report  by,  of  state  of  school  finances,  to  division  superintendent 

on  December  1st,  section  116 92 

Penalty,  if  report  not  made,  section  116 92 

Regulation  74 187 

School  funds,  receive  and  disburse  all  school  moneys,  taxes,  and 

levies,  section    110 • 88 

Keep    separate,    section    110 88 

On  failure  to  furnish  division  superintendent  statement, 
after  failure  to  pay  warrant,  county -school  board  may 
have  school  funds  transferred  to  special  depositary,  sec- 
tion 126 96 

On  failure  to  pay  warrant,  duty  of  to  furnish  division  super- 
intendent complete  statement  of  school  funds,  section 

126,   sub-section    1 96 

On  failure  to  pay  warrant,  having  funds,  county  school 
board  may  have  school  funds  transferred  to  special  de- 
positary, section  126 ' .' 96 

Recovery,  penalty  and  procedure,  if  warrant  in  favor  of  de- 
positary not  paid,  section  126,  sub-section  7 97 

School  taxes,  keep  separate  and  distinct,  section  150 122 

Specify  on  tax  bills,  section  150 122 

Shall  not  teach  in  public  schools,  nor  shall  his  deputy,  regula- 
tion 128 201 

State  school  funds — 

From  Auditor  of  Public  Accounts,  his  warrant  on  State 
Treasurer  payable  to  county  treasurer  on  receipt  dis- 
tributive statement,  for  half  amount  county  entitled  to, 
and  on  February  1st,  the  other  half,  section  132 99 


228  Virginia  School  Laws 

COUNTY  TREASURER: — Continued.  rage 

From    Second    Auditor,    such  -State    school    funds    as    pass 
through   his   office,    payable    on    requisition    of   county 

treasurer,   section   21 , .      27 

Treasurer  to  notify  division  superintendent  of  receipt 

of,  section   21 27 

Scheme  of  apportionment  of,  Superintendent  Public  Instruc- 
tion to  furnish  copy  of,  regulation  1,  sub-section  9  ....    157 
Warrants  on  State  school  tax  fund  payable  out  of  any  State 

funds   received   by,   section    133 100 

Suits  against,  by  successor  for  benefit  school  funds,  etc.,   sec- 
tion   121.*. 94 

Sureties  liable  for  acts  of,  section  108 88 

Warrants — 

Cancelled,   delivered  to   division   superintendent  who   shall 

keep  twelve  months  before  destroying,  section   117..      92 

Commissions  collected  only  by,  section   54 41 

Disburse  funds  only  on,  section  54 41 

Failure  to  pay,  penalty,  section  120 93 

How  drawn  and  issued,  section  49,  sub-section  12 39 

Section  54 41 

No  treasurer  or  deputy  to  deal  in,  section  120 93 

Penalty,   section    120 93 

When  to  receive  taxes  and  levies,  and  when  to  add  penalty,  sec- 
tion  111 89 

COURSE   OF  READING: 
See  Reading  Course. 
DAVIS,  JEFFERSON: 

His  birthday  a  day  of  recreation  in  public  schools,  section  178.  .    140 
DEAF  AND  BLIND,  SCHOOL  FOR: 

Annual  report  to  Superintendent  Public  Instruction,  president,  or 

chairman  board,  to  make,  section  173 138 

What  report  to  contain,  section  173 138 

Census  of  deaf  and  blind  children,  clerk  district  board  to  take, 

section    44 36 

Division   superintendent  to  forward   copy   consolidated   re- 
turns to  superintendent  of,  section  44 36 

Member  of  faculty  eligible  to  position  on  State  Board  Education, 

section   6    (Constitution) 6 

Section  3 13 

Superintendent  Public  Instruction  member  of  board,  section  15..      25 
DEPARTMENT  OF  PUBLIC  INSTRUCTION: 

See  Superintendent  of  Public  Instruction. 
DEPOSITARY: 

Change  of  depositaries  of  school  funds,  conditions,  etc.,  under 

which  county  and  city  school  boards  may,  section  126.      96 

Compensation  of,  section  126,  sub-section  5 97 

Designated  by  county  or  city  school  board,  section  126,  sub-sec- 
tions 2  and  3 96 

Bond  of,  section  126,  sub-section  4 96 

Reside  in  county  or  city,  section  126,  sub-section  4 96 

Funds  in  hands  of  treasurer,  how  transferred,  etc.,  section  126, 

sub-sections   6   and   7 97 

Penalty  for  failure  of  treasurer  to  pay  warrants  for  funds 

transferred,  section   126,  sub-section   7 97 


Index  .  229 


DEPOSITARY: — Continued.  Page 

Give  bond,  etc.,  section  126,  sub-section  4 96 

Reside  in  county  or  city,  etc.,  section  126,  sub-section  4 96 

Subject  to  same  laws,  etc.,  as  treasurer,  section  126,  sub-section  5      97 
Warrants  for  transfer  of  funds,  how  drawn,  etc.,   section   126, 

sub-sections   6  and   7 97 

DISTRICTS: 

See  School  Districts. 
DISTRICT  SCHOOL  BOARD: 

A  corporation,  how  named,  section  55 42 

May    sue,    contract,    etc.,    section    55 42 

Chairman    and    clerk,    section    42 36 

Composition  and  organization  of — Quorum,  section  42....      36 

Accounts  of,  examination  of,  section  117 v 92 

And  books  of,  when  requested  by  board  supervisors,  section 

184,    sub-section    17 149 

Annual  report  of,  to  division  superintendent,  section  49,  sub- 
section 14 40 

Regulation  105 194 

Annual  statement  of  receipts  and  disbursements,  publish,  post, 

etc.,  section  137 102 

Penalty  for  failure,  section  137 104 

Appointment,  qualification,  etc.,  of,  members,  section  32 31 

Section  24  and  25 28-29 

Section  31 30 

Section    52 41 

Regulation  93 191 

Board  of  supervisors,  request  to  levy  tax  to  pay  loans  from  liter- 
ary fund,  section  67,  sub-section  5 50 

Penalty  for  failure  district  board  to  pay,  section  67,  sub- 
section   5 50 

Statement  of  district  board  for  bond  issue  must  be  approved 

by,  section  68,  sub-section  1 '.  .      51 

Bonds,  may  issue,  for  erecting  and  furnishing  school-houses,  sec- 
tion 68 51 

Terms,  conditions,  etc.,  of  issuance,  payment,  etc.,  section 

68 51 

Bonds   for   loans   from   literary   fund,    section    67,   subsec- 
tion  4 50 

Bookkeeping  and  accounting  system  for,  State  Accountant  to 
establish,  when  requested  by  board  supervisors,  sec- 
tion 184,  sub-section  17 149 

Books  and  accounts  of,  State  Accountant  to  examine,  when  re- 
quested by  board  supervisors,  section  184,  sub-sec- 
tion 17 149 

Borrow  money  and  issue  bonds  for  additional  school-houses,  if 

school  funds  not  sufficient,  section  68 51 

From  county  school  board,  section  66 49 

From  literary  fund,  section  67,  sub-section  2 49 

Application  (written)  to  borrow  from,  section  67,  sub- 
section   2 49 

Request   board   supervisors   to   levy  tax   to   pay   loans 

from,  section  67,  sub-section  5 50 

Penalty  for  failure,  district  board  to  pay,  section 

67,   sub-section   5 .  .  50 


230  .  Virginia  School  Laws 


DISTRICT   SCHOOL     BOARD: — Continued.                                                 Page 
Title  in  fee,  must  have,  to  borrow  from,  section  67,  sub- 
section  6 50 

(For  terms,  conditions,  etc.,  concerning  borrowing  and  pay- 
ment of  money  for  building  and  furnishing  school- 
houses,  see  sections  66,  67  and  68.) 

Claims,  examine,  approve,  pay,  and  record,  section  49,  sub-sec- 
tion   12 3» 

Section  54 41 

Compulsory  education  law,  duties  of,  under,  section  103 83 

Condemnation  of  land,  etc.,  for  school  purposes  by,  section  58.  .  43 

Section    59 44 

Consolidate  schools,  urged  to,  regulation  109 195 

Contracts  with  teachers,  how  made,  etc.       section  82 68 

Regulations    95,    96    and    97 191-192 

Regulation  100 193 

County  school  board,  may  proceed  against  district  board  for  set- 
tlement of  accounts,  etc.,  section  41 35 

Estimates  of,  submitted  to  county  board,  section  39,  sub-sec- 
tion 2 32 

Regulation  102 193 

Furnish    division   superintendent   estimates   funds   needed, 

section    136,    sub-section    2 101 

Discipline,   aid  teachers  in  maintaining,   regulation   108 195 

District  school  fund,  under  control  of,  regulation  103 193 

Division  superintendent,  annual  and  special  reports  to,  section 

49,  sub-section  14 40 

•  Regulation    105     194 

Estimates  of  funds  needed  to  be  furnished  to,  section  136, 

sub-section  3 101 

Not  build  school-house  until  site,  plans,  etc.,  approved  by, 

section    60 45 

Regulation  107 194 

Not  conduct  school  in  house  condemned  by,  section  60.  ...  45 

To  be  present  at  meetings,  etc.,  but  not  vote,  regulation  83  189 

Donations  to  school  district  vest  in,  section   56 42 

Accounts  of,  must  settle  before  commissioner  of  accounts, 

section    56 42 

Duties    of,    section    49 38 

Regulation  108 195 

Under  compulsory  education  law,  section  103 83 

Employ  and  dismiss  teachers,   section   49,  sub-section  2 38 

Elect  at  meeting,  regulation  95 191 

Election  of  teacher,  may  submit  to  patrons,  regulation  99.  .  192 
Not  lawful  to  employ  or  pay  teacher  without  certificate  or 
related  to  member  of  board  as  brother,  sister,  wife,  son, 

or  daughter,  section  49,  sub-section  2 38 

Penalty,  section  49,  sub-section  2 38 

Not  to  elect  holder  of  third  grade  certificate,  when,  regu- 
lation 25 166 

Subject  to  review  by  school  trustee  electoral  board,  section 

49,   sub-section   2 .  , '38 

Written  contracts  with  teachers,  section  82 68 

Regulation  96 191 

Penalty  for  failure  to  make,  regulation  97 192 


Index  231 


DISTRICT  SCHOOL     BOARD: — Continued.  Page 

Estimates  funds  needed  by,  submitted  to  county  board,  section 

39,   sub-section    2 32 

Regulation  102 193 

Furnish   to    division   superintendent,    section    136,    sub-sec- 
tion   2 101 

Examination  of  accounts  of,  section  117 92 

And  books  of,  when  requested  by  board  supervisors,  section 

184,    sub-section    17 149 

Examine,  approve,  pay,  and  record  claims,  section  49,  sub-sec- 
tion 12 • 39 

Section.  54 41 

Expenses  of  schools,  provide  for,  section  49,  sub-section  11.  ...  39 

Section  54 41 

Explain,  enforce,  and  observe  school  laws,  section  49,  sub-sec- 
tion 1 38 

Glebe  lands,  etc.,  may  vest  in  and  be  managed  by,  sections  127 

and    128 - 97-98 

High  school  branches,  may  charge  fee  for,  section  89 75 

Section  94 76 

High  schools,  may  establish,  section  89 75 

Section  94 76 

Must  appropriate  $250,  or  as  much  as  State  gives,  to  se- 
cure State  aid,  section  94,  sub-section  3 77 

State  aid  for,  paid  exclusively  for  high  school,  section 

94,  sub-section  3 77 

Holidays,  declare,  regulation  104 194 

Indigent  children,  decide  what  are,  section  49,  sub-section  4.  .  .  38 

Provide  text  books  for,  section   49,  sub-section  4 38 

Industrial,  agricultural,  household  arts,  and  commercial  edu- 
cation', may  establish  and  maintain  schools  and  depart- 
ments of,  section  50 40 

All-day,   part-time,   or  continuation   or  evening  classes  in, 

may  establish,  section  50 40 

Ineligible  as  members,  who,  section  24 .  .  .  . 28 

Section  31 30 

Joint  schools,  school  boards  of  two  adjacent  districts  may  es- 
tablish, section  93 76 

Managed  by  boards  jointly,  section  93 76 

Purchase,  take,  hold  and  lease  property,  section  93 76 

Title  to,  vests  in  jointly,  section  93 76 

Libraries,  appoint  manager  of,  and  person  to  select  books,  sec- 
tion 154,  sub-section  1 128 

Appropriate  funds  for  as  many  as  five  in  one  year,  section 

154,  sub-section  1 128 

Bookcases  for,  section  154,  sub-section  2 128 

Manual,  industrial  or  technical  schools,  etc.,  may  make  appropri- 
ation to  non-sectarian,  section  49,  sub-section  15....  40 
May    introduce    foregoing    and    other    special    branches    in 

schools,  section  49,  sub-section  15 40 

Meetings  of.  hold  regular  and  special,  section  49,  sub-section  6.  39 

Regulation  94    191 

Division  superintendent  to  be  present  at — not  to  vote,  regu- 
lation  83. .                                                                                   .  189 


232  Virginia  School  Laws 

DISTRICT  SCHOOL    BOARD: — Continued.  Pace 

Meetings  of  teachers,  encourage,  section  86,  sub-section  1 74 

Of  people  of  district,  call,  section  49,  sub-section  7 39 

Member  who  employs  or  pays  teacher  without  certificate,  or  re- 
lated to  any  member  of  board  as  brother,  sister,  etc., 
liable  to  refund  any  public  money  so  paid,  section  49, 

sub-section  2  . 38 

Oath  of  members,  section  32 *  .  31 

Regulation    86 189 

Regulation  93 191 

Opening  and  closing  school,  prescribe  time  of,  regulation  100.  .  193 

Specify  time  of,  in  contract  with  teacher,  regulation  100.  .  193 

Pay  of  teachers,  provide  for,  section  49,  sub-section  11 39 

Section    54 41 

Powers  and  duties  of,  section  49 38 

Pupils,  admission  and  attendance  of: 
From — 

Adjoining  district  of  another  county,  regulation  125.  .  201 

Appeal,   regulation    125 201 

Another  district  of  county,  section  98 81 

Appeal,    section    98 81 

Any  other  district  (than  that  in  which  parent  or  guar- 
dian resides)  of  State,  section  99,  sub-section  1.  .  81 

Appeal,  section  99,  sub-section  1 81 

Beyond  boundaries  of  State,  but  near  thereto,  section 

99,    sub-section    2 .  82 

Other  districts,   into  high   or  graded  schools,   regula- 
tion   124     200 

Into  night  or  evening  schools,  or  classes,  regulation  126.  .  201 
Other  persons,  including  those  between  the  ages  of  20  and 

25  years,  section  102 82 

Regulation    126 201 

Children  six  years  of  age,  section  100 82 

Suspend  or  expel,  may,  section  49,  sub-section  3 38 

Prompt  action  in  case  of  suspension,  section  85 73 

Upon  nearest  school,  unless  otherwise  ordered  by  district 

board,  section  99,  sub-section  3 82 

Rank  of  teachers'   certificates,   suggestions  for  convenience  of, 

regulation    58 183 

Real  estate,  may  condemn,  etc.,  section  58 43 

Section    59 44 

Land  that  may  not  be  acquired  by  condemnation,  proceed- 
ings  by,    section    59 44 

Must  have  title  in  fee  to  borrow  from  literary  fund,  section 

67,   sub-section    6 50 

Title  to,  examined  and  approved  by  attorney  at  law,  sec- 
tion   57 43 

Appeal  to  circuit  court  or  judge,  section  57 43 

To  court  of  appeals,  section  57 43 

(See  also  section   59.) 

Records  of,  kept  in  bound  volume,  section  47 37 

Open  to  inspection,  section  47 37 

Regulations  for  government  of  schools  and  conduct  of  children 

to  and  from  school,  make,  section  49,  sub-section  1.  ...  38 

For  infliction  of  penalties  on  pupils,  regulation  131 202 


Index  233 


DISTRICT  SCHOOL  BOARD: — Continued. 

Report  on  any  matter  when  required  by  division  superintendent, 

section  49,  sub-section  14 40 

School,  may  close  for  cause  and  pay  teacher  accordingly,  regu- 
lation  101 193 

School  census,  see  that  is  taken,  section  49,  sub-section  5....  39 

Revise,   section    43 36 

School  district,  donations  to,  vest  in,  section  56 42 

School  funds,  how  applied  by,  regulation  103 193 

School-houses   (and  furniture),  to  provide,  section  49,  sub-sec- 
tion   9 39 

Additional,  borrow  money  and  issue  bonds  for,  section  68.  .  51 

From  county  school  board,  section   66 49 

From  literary  fund,  section  67,  sub-section  2 49 

Care  and  control  of,  regulation  108 195 

Exercise  care  in  building,  locating,  etc.,  regulation  107...  194 

Lease,  purchase  or  build,  section  49,  sub-section  9 39 

Not  to  build  until  site,  location,  plans,  etc.,  approved  by  di- 
vision superintendent,  section  60 45 

Regulation  107 194 

Not  to  conduct  school  in  house  condemned  by  division  super- 
intendent,   section    60 45 

Provide  for  disinfecting,  and  sanitary  drinking  appliances, 

section   64,   rules   10   and   11 48 

Provide  out-houses,  etc.,  section  61,  sub-section  4 46 

Use  of  for  certain  purposes,  may  grant,  section  62 46 

Appeal,  section  62 46 

School  laws,  explain,  enforce  and  observe,  section  49,  sub-sec- 
tion  1 38 

School  property,  care  for,  manage,  and  control,  section  49,  sub- 
section   9 39 

Sale  or  exchange  of,  may  petition  for,  section  40 34 

Title  to  belonging  to  district,  vests  in,  section  55 42 

Examination  and  approval  of,  by  attorney  at  law,  sec- 
tion   57 43 

Appeal  to  circuit  court  or  judge,  section  57 43 

Appeal  to  court  of  appeals,  section  57 43 

(See  also  section  59.) 
School  wagons,  .residue  State  and  county  funds  may  be  used  to 

pay  drivers  of,  regulation  103 193 

Settlement  of  accounts  of,  etc.,  county  school  board  may  proceed 

against  for,  section  41 35 

State  school  funds,  certificate  of,  necessary  to  secure,  section  53  41 

Sub-districts,  authority  over,  section  69,  sub-section  2 55 

Appoint  directors  of,  when  may,  section  69,  sub-section  10.  57 

Establish  or  order,  section  69,  sub-section  1 54 

Secretary  must  report  to,  section  69,  sub-section  11 58 

Teachers,  substitute,  not  to  be  engaged,  or  days  lost  by  teachers 

without  consent  of,  regulation  132 202 

Contracted  with,  written  report  to  division  superintendent 

on,    regulation    98 * 192 

Teacher  or  principal,  against  whom  charges  involving  char- 
acter are  made,  to  be  notified  of,  by,  regulation  129.  .  202 
Text-books,   provide  for  indigent  children,  section  49,  sub-sec- 
tion  4 38 


234  Virginia  School  Laws 


DISTRICT  SCHOOL.  BOARD: — Continued.  Page 

Use  of  school-house  for  certain  purposes,  may  grant,  section  62  46 

Appeal,  section   62 46 

Vacancies    in    membership    of,    section    25 29 

Section  27 29 

Section    32 31 

Visit  schools,  section  49,  sub-section  10 39 

Warrants  of,  how  drawn,  section  49,  sub-section  12 39 

Section  54 41 

DISTRICT  SCHOOL  FUND: 

Consists  of  what,  section  136,  sub-section  3 101 

Under  control  of  district  board,  regulation  103 194 

Unexpended,  to  remain  part  of,  section  119 93 

Residue  of,  used  for  pay  of  teachers,  regulation   103....  194 
(See  School  Funds.) 
DISTRICT  SCHOOL  LEVY: 

See  Taxation. 
DISTRICT  SCHOOL  TRUSTEE: 

See  Trustees. 
DIVISIONS,  SCHOOL: 

See  School  Divisions. 
DIVISION  SUPERINTENDENTS: 

Admission  and  attendance  of  pupils,  duties  concerning,  sections 

98,    99,    and    100 81-82 

Regulations   125  and   126 201 

Annual  report  of  district  boards  to,  regulation  105 194 

Annual  report  of,  to  Superintendent  Public  Instruction,  regula- 
tion   71 186 

Not  to  receive  pay  until  report  received,  regulation  71.  186 

Monthly  report  of,  when  due,  regulation  69 185 

Report  of  county  board  through,  section  38 32 

Special  reports  to  Superintendent  Public  Instruction,  regu- 
lation 71 186 

Annual    statement   of   county    board,    see    that   published     and 

posted,  section  137 102 

Appeals  to  and  from,  section  29 30 

Regulation   1,   sub-section   6 157 

Regulation  20    146 

Regulation  85 189 

Regulation  125    ' 201 

Appointment  of,  etc.,  section  8,  sub-section  1    (Constitution)  .  . 

Section  7,  sub-section  1 15 

Section   7,   sub-section   15 20 

i         Section    17     26 

Term  of  office,  section  17 26 

When  office  vacant,  section  17 26 

Who  not  eligible,  section  7,  sub-section  1 15 

Section    17     26 

In  cities,  section  191 152 

Apportion  State  and  county  school  funds  under  direction  county 

board,  regulation  75 187 

Regulation  76    187 

Record   schemes   of  apportionments,   regulation    77 187 

Authority  and  duties  of,  not  abridged  by  sub-district  law,  sec- 
tion 69,  sub-section  18 62 


Index  235 

DIVISION  SUPERINTENDENT: — Continued.  Page 

Bond  issue,  approve  location,  plans,  etc.,  for  school-house,  be- 
fore election  ordered  for,  section  68,  sub-section  5.  ...  52 
Approve  securities  for  investment  of  sinking  fund,  section 

68,   sub-section    9 54 

Boundaries  of  school  districts,  furnish — 

Corporations  operating  steamships,   etc.,  section   149,  sub- 
section   (k) 119 

Express  companies,  etc.,  section  149,  sub-section  (j) 118 

Railway  and  canal  companies  and  clerk  Corporation  Com- 
mission, section  149,  sub-section   (i) 117 

Penalty  for  failure,  section  149,  sub-section   (i) 117 

Telegraph,   telephone   companies,   etc.,   and  clerk   Corpora- 
tion Commission,  section  149,  sub-section   (1) 119 

Penalty  for  failure,  section  149,  sub-section  (1) 119 

Water  or  heat,  light,  etc.,  companies,  section  149,  sub-sec- 
tion   (m) 120 

Census,  school,  copy  of  returns  delivered  to,  sections  43  and  44.  36 
Duty  as  to,  when  boundaries  districts  changed,  section  45.  37 
Furnish  returns  census  of   deaf  and  blind  to   Superinten- 
dent School  for  D.  &  B.,  section  44 36 

Certificates,  teachers',  endorsement  by,  section  78 67 

Regulation  17    164 

Endorse,  may  refuse  to,  regulation  19 164 

Report  refusal  to  Superintendent  Public  Instruction,  regu- 
lation  19 164 

Return  certificates  to  teachers,  regulation  18 164 

Revoke,  may,  subject  to  appeal  to  Superintendent  Public  In- 
struction,   regulation    20 164 

Statement  that  teacher  holds  certificate,  to  furnish,  regu- 
lation  18 164 

Subject  to  fine  of  $25  for  permitting  person  without  valid 

certificate  to  teach  in  his  division,  regulation  18....  164 

Clerk  of  school  trustee  electoral  board,  section  23 28 

Member  of  board,  section  22 28 

Complaints  or  appeals,  decide  local,  subject  to  appeal  to  Super- 
intendent Public  Instruction,  regulation  85 189 

Statement  of  complaint  to,  by  five  heads  of  families,  sec- 
tion  29 30 

Consolidate  schools,  urged  to,  regulation  109 195 

Delinquent,  to  be  reported  by  secretary  State  Board  Education, 

regulation    82 188 

Distribute   reports,   forms,   laws,   etc.,   regulation    79 188 

District  clerks,  require  necessary  reports  of,  regulation  84....  189 

Examine  books  and  papers  of  delinquent,  section  118 93 

Inspect  record  and  account  books  of,  regulation  73 186 

Notify  of  apportionments  and  district  tax  on  hand,  regula- 
tion  76 '. 187 

Duties  of,  prescribed  by  State  Board  Education,  section  8  (Con- 
stitution)      7 

Section  7,  sub-section  1 15 

Section  20    27 

Abstract  of  report,  furnish  newspapers,  regulation  71....  186 
Apportioning  funds  when  district  in  more  than  one  county, 

section   46 ..                                                                                .  '  37 


236  Virginia  School  Laws 


DIVISION  SUPERINTENDENT: — Continued.  Page 

Apportionments,   furnish   copy   to  treasurer,   district  clerks 

and  newspapers,  regulation  75 187 

Appreciation  of  education  among  people,  promote,  regula- 
tion  88 190 

Average  attendance,  may  fix  minimum  at  15,  when,  regula- 
tion  123 200 

Continuance  of  school  when  reduced  by  factious  spirit, 

regulation  123 200 

District  board  to  report  on  any  matter,  may  require,  sec- 
tion 49,  sub-section  14 40 

Establishment  of  high  school,  give  notice  of  to  State  Board 

Education,  section  94,  sub-section  3 77 

Explain  school  system,  regulation  80 188 

In  general,  and  time  to  be  given  to,  section  7,  sub-section  1  15 

Visitation    and   supervision,    regulation    87 189 

Institute,  hold  at  least  one  a  year,  regulation  88 190 

Laws,  regulations,  decisions,  etc.,  observe,  and  see  that  en- 
forced, regulation  71 186 

Regulation  80 188 

Inform  Superintendent  Public  Instruction  if  not,  regu- 
lation  80 188 

Meetings  of  teachers,  encourage,  etc.,  regulation  88 190 

Section  86,  sub-section  1 74 

Records,  keep,  and  file  papers,  regulation  90 190 

Under  compulsory  education  law,  section  103 83 

Under  sub-district  law,  section  69 54 

Guilty  of  misdemeanor  if  does  not  comply  with,  section 

69,  sub-section  20 62 

Reports   from   directors  of,   may  require,   section    69, 

sub-section    17,   8a 62 

Take  part  in  meetings,  but  not  vote,  section  69,  sub- 
section  16    59 

Eligible  to  position  on  State  Board  Education,  one  from  county 

and  one  from  city,  section  6    (Constitution) 6 

Section  3 13 

Estimates  of  county  board,  submit  to  board  supervisors,  section 

49,   sub-section    8 39 

Section   136,   sub-section   3 101 

Estimates  of  district  board,  submit  to  county  board,  section  49, 

sub-section    8 39 

Regulation  102 193 

Examinations  of  teachers,   under  supervision   of,   regulation   3, 

sub-section  5 159 

Applicants  for  to  notify,  regulation   7    160 

Assistant  in,  to  employ,  regulation  8 160 

County  board  to  compensate  assistant,  regulation  8..  160 

Instructions   to,   regulation    9 160 

Regulation    10 162 

"Appendix"    205 

Notice  time  fixed  for,  to  give,  regulation  3,  sub-section  7.  .  159 
Papers  of  applicants,  how  examined  and  valued  by — 

"Appendix,"  sections  1,  2  and  3 205 

I                    Arrangement  and  assortment  of,  regulation  9,  sub-sec- 
tion   14                                                               ' 162 


Index  237 


DIVISION  SUPERINTENDENT: — Continued.  Page 

"Appendix,"  section  4 206 

Papers  forwarded  by,  to  Superintendent  Public  Instruction 

within  ten  days  after  examination,  regulation  12....  163 
Questions    for,    notify    Superintendent    Public    Instruction, 

number  sets  needed,  regulation   11 163 

Questions  for,  sent  to,  by  Superintendent  Public  Instruction, 

regulation    4 159 

Register  of  applicants,  to  keep,  regulation  13 163 

Examine  and  report  on  books  and  papers  of  treasurers  and  clerks 

who  fail  to  lay  same  before  county  board,  section  118.  93 
High  school   fund,   State,   treasurer  to  report  receipts  and  dis- 
bursements to,  section   94,   sub-section   3 77 

Holidays,  school,  notify  teachers  of,  regulation  104 194 

In  cities,  how  paid,  section  196 153 

May  assign  and  reassign   teachers   and   principals,   regula- 
tion   92 191 

May  teach,  section  197 153 

Who  ineligible,  section  191 152 

In  cities  of  second  class,  section  188 150 

Ineligible  to  office  of,  who,  section   7,  sub-section  1 15 

Section  17 26 

Section  191 152 

Libraries,  school,  inform  State  Board   Education  whenever  ap- 
propriation for  made  by  district  board,  section  154.  .  .  128 
Forward  to  Superintendent  Public  Instruction  order,  with 

list  books  and  warrants,  section  154,  sub-section  2..  128 

Malfeasance  or  neglect  of  duty,  penalty  for,  section  72 65 

Meetings  of  district  board,  may  be  present  at,  but  not  vote,  regu- 
lation  83 189 

Night  schools  or  evening  classes,  approve  terms  and  conditions 

establishment  of,  regulation   126 201 

Oath,  administer  and  take  testimony  in  certain  cases,  regulation 

86    189 

May  administer,  to  trustees,  section  32 31 

Oath  of  office,  take,  section  17 26 

By  whom  administered,  section  17 26 

Where  recorded,  section  17 26 

Opening  and    closing  school,    approve  time  fixed    for,   regula- 
tion  100 193 

Patrons'  Day,  require  each  principal  to  have,  regulation  89.  ...  190 

Regulation  132 203 

Penalties  and  forfeitures  against,  how  sued  for,  section  73.  ...  65 

Pension,  not  entitled  to,  section  83,  sub-section  1 68 

President  of  county  school  board,  section  34 31 

Call   meetings   of  board,   section    35 31 

Punished,  suspended,  or  removed,  may  be,  by  State  Board  Edu- 
cation, section   7,  sub-section   15 20 

Removal  of,  section  8,  sub-section  1    (Constitution) 7 

Section  7,  sub-section  1 16 

Sub-section    15 20 

Punishment,  suspension,  or,  section  7,  sub-section  15....  20 

Reports,  teachers  make  to,  regulation   132 203 

Salary  of,  section  18 27 

Section  196.  .                                                                              .  153 


238  Virginia  School  Laws 

DIVISION  SUPERINTENDENT: — Continued.  Page 

How  paid,   section   19 27 

How   supplemented,    section    18 27 

Section    196 153 

Deduction  from  for: 

Delay  of  annual  report,  regulation  72 186 

Delay  of  monthly  report,  regulation  70 186 

Failure  to  furnish   information,   regulation   81 188 

School  districts  to  be  numbered  and  named  by,  section  51 41 

School  finances,  state  of  December  1st,  etc.,  treasurer  to  report 

to,  section  116 92 

Regulation  74 . 187 

School   funds,   report   to   Superintendent   Public  Instruction   on 

disbursements  of,  section  134 101 

See  that  properly  applied,  regulation  73 186 

School-houses,  approve  site,  location,  plans,  etc.,  section   60..      45 

Regulation  107    194 

Condemn  unsuitable  houses,  section   60 45 

Report  to  State  Board  Education  his  action  as  to  site,  plans, 

etc.,  section  60 .. 45 

State  and  county  school  funds,  apportion  under  direction  county 

board,  regulations  75  and  76 187 

State  school  funds,  treasurer  to  notify  of  receipt  of,  section  21.  .      27 
Apportionment   of,   receive   copy   of  scheme,   regulation   1, 

sub-section    9 157 

State  students,  nominate  to — 

College  of  William  and  Mary,  section  161 133 

State  Normal  School  for  Women  at  Fredericksburg,  section 

163    133 

State  Normal  School  for  Women  at  Harrisonburg,  section 

163    133 

State  Normal  School  for  Women  at  Radford,  section  164.  .    134 
Virginia  Normal  and  Industrial  Institute,  Petersburg,  sec- 
tion  170 137 

Notice  to  division  superintendent  of  vacancies  in,  sec- 
tion   170 1 137 

Suspended,  may  be,  by  State  Board  Education,  section  7,  sub- 

tion   15 20 

Teach,  not  to,  regulation  128 201 

When  may,  in  cities,  section  197 153 

Teachers,    approve   payment   of   salary   if   school    closed   before 

contract  expires,   regulation   101 193 

Contracted  with,  report  to  division  superintendent  by  dis- 
trict board,  regulation  98 192 

Meetings  of,  section  86,  sub-section  1 74 

Reports  of  teachers  to,  regulation  132 202 

School  holidays,  notify  of,  regulation  104 194 

Term  of  office,   section   8    (Constitution) 

Section  7 15 

Section   17 26 

When   office  vacant,   section   17 26 

Text-books,  see   that   price   list   of,  furnished   teachers,    regula- 
tion   121 199 

Name  supply  points  to  Superintendent  Public  Instruction, 

regulation    78 188 


Index 


DIVISION  SUPERINTENDENT:  —  Continued.  Page 

Notify  Superintendent  Public   Instruction   of   departure  by 
dealers  from  fixed  prices  of,  or  failure  to  supply  books, 
section    8,   sub-section    8  .........................      23 

Treasurer  and  clerks,  examine  and  report  on  books  and  papers 
of  those  who  fail  to  lay  same  before  county  board,  sec- 
tion   118  .......................................      93 

Treasurer  report  receipts  and  disbursements  State  high  school 

fund  to,  section  94,  sub-section  3  .................      77 

Report  state  of  school  finances  on  December  1st,  etc.,  sec- 

tion   116  .......................................      92 

Regulation  74  ....  ..............................    187 

Division  superintendent  to  notify,  that  State  money  ready 

for  distribution,  section  21  .......................      27 

Treasurer   to     notify   superintendent     of   receipt   of     State 

money,  section  21  ...............................      27 

Trustee  to  act  as,  when,  regulation  91  ......................    190 

Unlawful  for  school  officers  to  be  interested  in  supplying,  books, 
appliances,  etc.,  for  schools,  or  to  act  as  agent  for  pub- 
lisher or  dealer,  etc.,  section  70,  sub-section  1  ......      63 

Exception,  section   70,  sub-section   1  ...................      63 

Penalty  for  violation,  section  70,  sub-section  1  ..........      63 

In   contract   for   work   done   or   supplies,    etc.,   section    70, 

sub-section  2  ...................................      64 

Exception,    section    70,    sub-section    2  ..................      64 

Penalty  for  violation,  section  70,  sub-section  3  ..........      64 

Unlawful  for  school  officers,  etc.,  to  discount  warrants,  section 

70,   sub-section    3  ...............................      64 

Penalty  for  violation,  section  70,  sub-section  3  ..........      64 

Vacancies  in   office   of,   section   17  .........................      26 

Warrants,  cancelled,  to  be  delivered  to,  section  117  ...........      93 

Kept  12  months  before  destroying,  section  117  ......      93 

Failure  of  treasurer  to  pay  warrant  or  furnish  statement 
of  funds,  to  notify  county  or  city  board,  section  126, 
sub-sections  1  and  2  .............................      96 

DOMESTIC  ARTS  AND  SCIENCE: 

Department  of,  in  certain  high  schools,  section  96  ............      79 

DONATIONS: 

For  school  purposes,  section  39,  sub-section   4  ..............      33 

Section   56  .........................................      42 

Private,  for  libraries,  section  154  ..........................    128 

DRAWING: 

Examination  of  teachers  on,  regulation  5  ....................    159 

Included  in  subjects  taught  in  schools,  section  88  .  .  .  .  ........      75 

Regulation  111  ____  .  .  ...............................    195 

.   Special  certificates  to  teachers  of,  regulation  49  .............    175 

ELECTIONS: 

See  Special  Elections. 
ELECTORAL  BOARD,  SCHOOL  TRUSTEE: 

See  School  Trustee  Electoral  Board. 
ESTIMATES  OF  FUNDS  NEEDED: 

Board  of  supervisors,   duty  in  regard  to,   section   136,  sub-sec- 

tion   3  ........................................    101 

City  school  board,  by,  section  194  .........................    152 

Section  198,  sub-section  14  ..  ............    155 


240  Virginia  School  Laws 


ESTIMATES   OP   FUNDS   NEEDED:  —  Continued.  Page 

County  school  board,  by,  section  39,  sub-section  2    32 

District  boards,  by,  section  49,  sub-section  8 39 

Division  superintendent,  duty  of  in  regard  to,  section  39,  sub-sec- 
tion 2 32 

Section  49,  sub-section  8 39 

EVENING  CLASSES: 

In  industrial,  agricultural,  household  arts,  and  commercial  edu- 
cation, district  board  may  establish,  section  50,  sub- 
section 2  .  .  .  . 40 

Admission   of   pupils   into,    section    50,    sub-section    2 40 

EXAMINATIONS,  TEACHERS' : 

Age   of   applicants,    regulation    6 160 

Applicants  to  notify  division  superintendent,   regulation    7....    160 

Fill  up  forms,  regulation  9,  sub-sections  5  and  18 160-162 

Report   of   results   examination   sent   to,    "Appendix,"    sec- 
tion   7 206 

Applicants,  register  of,  division  superintendent  to  keep,  regu- 
lation' 13 163 

Assistant  in,  division  superintendent  to  employ,  regulation  8..    160 
Days  on  which  held  fixed  by  Superintendent  Public  Instruction, 

regulation  3,  sub-section  6 159 

Division  of,  terms  and  conditions,  regulation   55 180 

"Appendix,"    section    8 206 

High  school  subjects,   regulation   50 175 

High  school  and  special  subjects  given  in  April  and  July,  regu- 
lation 3,  sub-section  4 159 

Questions  for,  regulation  50 175 

In  various  school  divisions  under  supervision  division  super- 
intendents, regulation  3,  sub-section  5 159 

Instructions  to  division  superintendents,  regulations  9,   10,   11, 

12     162-163 

"Appendix," 205 

Notice  of  time  fixed  for,  Superintendent  of  Public  Instruction  to 

give,  regulation  3,  sub-section  6 159 

Division  Superintendent  to  give,  regulation  3,  sub-section  7.    159 
Papers  of  applicants,   arrangement  and  assortment  of,   regula- 
tion 9,  sub-section  14 162 

"Appendix,"  section   4 206 

Examination  and  valuation  of — 

"Appendix,"   sections   1,    2,    3,    7 205-206 

Passed  upon  finally  by  State  Board  Examiners,  regu- 
lation  2 « 158 

From  one  division  examined  in  another,  numbering  of,  regu- 
lation 9,  sub-section  4 160 

Numbering    of,    by    division    superintendent,    regulation    9, 

sub-section  4 160 

"Appendix,"    section    6 206 

Numbering  of,   at  summer   schools,   regulation    9,   sub-sec- 
tion   4 160 

Papers    forwarded     to    Superintendent   Public     Instruction 
within  ten  days  after  examination  by  division  super- 

tendent,    regulation    12 163 

"Appendix,"  section   4 206 


Index  241 


EXAMINATIONS,  TEACHERS' :  —  Continued.  Page 

Papers    preserved    by    Superintendent    Public    Instruction 

twelve  months  and  destroyed,  regulation  12 163 

Percentages    required,    etc.,    regulations    45-49,    inclusive,    and 

54   173-175  and   180 

Questions  for,  prepared  by  State  Board  of  Examiners,  regula- 
tion   2 159 

Sent  to  division  superintendents  by  Superintendent  Public 

Instruction,  regulation  4 159 

Reading  course,  given  in  April  and  July,  regulation  3,  sub-sec- 
tion   3 159 

Subjects  included  in,  regulation  51,  sub-section  4 179 

Register  of  applicants,  division  superintendent  to  keep,  regula- 
tion   13 163 

Regulations  governing,  prescribed  by  Superintendent  Public  In- 
struction, regulation  3,  sub-section  5 159 

Regulation  9 160 

Reports  of  results  of  examination  sent  to  applicants,  "Appendix," 

section    7 206 

Copy   of,   and   certificates   sent   to   division   superintendent, 

"Appendix,"  section   7 206 

State    summer    schools,    at,    under    supervision    of    conductors, 

regulation  3,  sub-section  5 159 

State  system  of,  Note,  page 158 

Subjects   embraced   in,    regulation    5 159 

Regulation  38 168 

Regulation  44 172 

Regulations   47   and   48 174 

Regulation  50 175 

Regulation  51 178 

Time  fixed  for,  Superintendent  Public  Instruction  to  name,  regu- 
lation 3,  sub-section  6 159 

Division  superintendent,  to  give  notice  of,  regulation  3,  sub- 
section   7 159 

Uniform,  two  held  annually  in  April  and  July,  regulation  3..    159 

When  held,  regulation  3 159 

White  and  colored  on  same  days,  but  in  separate  places,  regu- 
lation   8 160 

FACTIONAL  SPIRIT: 

Average  attendance  reduced  by,  duty  of  certain  officers  when, 

regulation  123 200 

PINES: 

Collected,  how,  section  73 65 

Collected  and  compromised,  regulation  135 204 

Literary  fund,  paid  into,  sections  130  and  131 99 

Remitted  by  county  school  board,  certain,  may  be,  section  118.  .      93 
See  Penalties  and  Forfeitures. 
FIRE  ESCAPES: 

Required  in  school-houses  over  three  stories  high,  section  156.  .  .    131 

Penalty  for  violation,  section  156 131 

FORMS,  BLANK: 

Prepared   by   Superintendent   Public   Instruction,   regulation    1, 

sub-section  3 156 

Distributed  by  division  superintendent,  regulation   79....    188 


242  Virginia  School  Laws 

FREDERICKSBURG  STATE  NORMAL  SCHOOL.  FOR  WOMEN:          Page 

See  State  Normal  School  for  Women  at  Fredericksburg. 
GENERAL,  ASSEMBLY: 

Agricultural,    normal,    manual   training   and   technical   schools, 

may   establish,    section    13    (Constitution)  .  .  . 9 

Appropriations,    may   not   make   to   private   schools,    exception, 

section   17    (Constitution) 9 

Appropriations  by — 

See  Appropriations. 

Compulsory  education,  may  provide  for,  section  14  (Constitu- 
tion)    9 

Free  text-books  for  indigent  children,  provision  for  supplying, 

section  15    (Constitution) 9 

Funds  to  be  applied  to  schools  by,  section  11  (Constitution)  ....        8 

Apportionment   of,    etc.,   section    11    (Constitution) 8 

Section    21     (Constitution) 10 

Real'estate,  provide  for  reassessment  of,  etc.,  section  20  (Con- 
stitution)    10 

Report  to,  by  State  Board  Education,  at  each  regular  session, 
covering  annual  report  of  Superintendent  Public  In- 
struction, section  7,  sub-section  18 20 

Rules  and  Regulations  of  State  Board  Education,  may  revise, 
amend,  or  repeal,  section  8,  sub-section  3  (Constitu- 
tion)    7 

Suggestions  to,   State  Board  of  Education  to  make,  section   7, 

sub-section  17 20 

Superintendent  of  Public  Instruction  to  offer,  regulation  1, 

sub-section  11 158 

GIFTS,  DEVISES,  ETC.: 

For  purposes  of  education,  validity  of,  section   129 98 

GOVERNOR: 

Arbor  Day,  designate  annually,  section  157 132 

Conference  for  betterment  of  agricultural  conditions,  call  cer- 
tain officials  for,  section  181,  sub-section  6 145 

Member  State  Board  of  Education,  section  6  (Constitution)  ....        6 

Section  3 13 

GLEBE  LANDS: 

Appropriated  for  education  and  vest  in  county,  city,  or  district 

school  board,  section  127 97 

Section  128 98 

Property  derived  from  sale  of,  vests  in  county  school  board,  sec- 
tion 39,  sub-section  4 33 

Revenue  from,  applied  in  same  way  as  income  of  literary 

fund,    section    128 98 

GRADED  COURSE  OF  STUDY: 

To  be  adopted  for  common  schools  and  for  high  schools,  regula- 
tions 111  and  112 195 

GRADED  SCHOOLS: 

Admission  of  pupils  from  other  districts,  regulation  124 200 

Regulation    113 196 

Preference  to  be  given  to,  section  87 74 

State  appropriation  for,  section  151 122 

GRAMMAR  SCHOOLS: 

See  Primary  and  Grammar  Schools. 


Index  243 

HAMPTON  NORMAL  AND  AGRICULTURAL,  INSTITUTE:  Page 
Annual  report  of,  to  Superintendent  of  Public  Instruction,  presi- 
dent or  chairman  board,  to  make,  section   173 - .    138 

State  students,  how  selected,  section  172 . 138 

HARRISONBURG  STATE  NORMAL  SCHOOL  FOR  WOMEN: 

See  State  Normal  School  for  Women  at  Harrisonburg. 
HIGH  SCHOOLS   (AND  HIGHER  BRANCHES)  : 

Admission  of  pupils  from  other  districts,  etc.,  regulation  124.  .    200 

Regulation  113    196 

Appropriations  for,  and  conditions  of: 

State,  annual,  section  94,  sub-section  4 77 

Section   151    122 

Inspected  before  receiving,  section  94,  sub-section  3..      77 
Itemized  statement  furnished  of,  to  Auditor  by  State 

Board,  section  94,  sub-section  4 77 

Kept  separate  and  used  exclusively  for  support  of,  sec- 
tion 94,  sub-section  3 77 

Placed  to  credit  of  high  school  fund  of  district,  and 
paid  out  on  warrants  of  district  board,  section  94, 

sub-section  3    77 

Primary  and  grammar  schools  maintained  at  least  five 
months  before  receiving  State  aid,  section  94,  sub- 
section 1 76 

State  Board  Education  may  appropriate  from  $250  to 
$400  annually  for  each  school,  section  94,  sub-sec- 
tions 3  and  4 77 

State  not  to  exceed  local  appropriation  for,  section  94, 

sub-section  4 77 

Local    annual   appropriation    of    $250    necessary    to    secure 

State  aid,  section  94,  sub-section  3 77 

Books,  appliances,  etc.,  used  in,  selected  by  State  Board  Educa- 
tion, regulation  119 199 

Branches,  higher,  fee  may  be  charged  for  instruction  in,  sec- 
tion 89 75 

Certificates   entitling   holders  to   teach,    regulation    57....    182 

Certificates  of  teachers  in,  regulation  57 182 

Regulations   115,   116   and   117 197-198 

Conducted  in  suitable  building  of  its  own  or  with  graded  school, 

section  94,  sub-section  1 76 

District  board  must  appropriate  at  least  $250  annually  from  lo- 
cal funds  to  secure  State  aid,  section  94,  sub-section  3.      77 
Elementary  schools,  establishment  of,  not  to  interefere  with,  sec- 
tion   90 75 

Establishment  of,  division  superintendent  to  notify  State  Board 

Education  of,  section  94,  sub-section  3 77 

Not  to  interfere  with  elementary  schools,  section   90....      75 
One  or  more  district  boards  may  establish,  section  94,  sub- 
sections 1  and  2 76 

Joint,  section   94,  sub-section   2 76 

One  or  more  district  boards  may  establish,  section  94,  sub-sec- 
tions 1  and  2 76 

Only  one  in  each  district  aided  by  State  appropriation  unless 
area  and  population  justify  more,  section  94,  sub-sec- 
tion 3 77 


244  Virginia  School  Laws 


HIGH  SCHOOL  (AND  HIGHER  BRANCHES)  : — Continued.  Page 

Primary  and  grammar  schools  must  be  maintained  at  least  five 
months  before  State  funds  can  be  used  for,  section  94, 

sub-section  1 76 

Provisions  for  high  schools  and  higher  branches,  section  89.  ...      75 

Section  90 75 

Section  94 76 

Section  198,  sub-section  6    (in  cities) 154 

Regulation  110 195 

Regulations  112  and  113 195-196 

Receipts  and  disbursements  of  State  funds  for,  treasurer  to  make 
annual  report  of,  to  division  superintendent,  section  94, 

sub-section  3 77 

Registration  and  inspection  of,  for  issuance  of  teachers'  certifi- 
cates to  graduates,  etc.,  of,  regulation  21 164 

Regulations  and  requirements  for  admission  of  resident  and  non- 
resident pupils,  State  Board  Education  to  prescribe, 

section  94,  sub-section  2 76 

Regulations  112  and  113 195-196 

Regulation  124 200 

Requirements  for,  standard  of,  "Foreword,"  regulation  114.  .  .  .    196 

First  grade  (four  year)  high  school,  regulation  117 198 

First  grade  normal  training  high  school,  minimum  require- 
ments  for,    regulation    118 199 

Second  grade  (three  year)  high  school,  regulation  116.  .  .  .    197 

Third  grade  (two  year)  high  school,  regulation  115 197 

Rules  and  regulations  for  distribution  of  State  funds  for,  State 

Board  Education  to  fix,  section  94,  sub-section  4 78 

Schools  having  normal  training  or  agricultural,  etc.,  depart- 
ments to  be  designated  by  State  Board  Education,  sec- 
tion 95,  sub-section  3 79 

Section  96,  sub-section  1 7» 

Standard  prescribed  by  the  State  Board  Education,  conform  to, 

section  94,  sub-section  3 77 

Teachers  in,  certificates  required,  regulation  115,  sub-section  6.  .    197 

Regulation   116,   sub-section   6 198 

Regulation    117,    sub-section    6 198 

Certificates  entitling  holders  to  teach  in,  regulation  57.  ...    182 
HOLIDAYS: 

Anniversary  of  birth  of  Jefferson  Davis  celebrated  in  schools, 

section    178 140 

District  board  to  declare,  regulation  104 194 

Approved  by  county  board,  regulation  104 194 

Same  throughout  county,  regulation  104 194 

Notify  teachers  of,  division  superintendent  to,  regulation  104..    194 
HOUSEHOLD  ARTS: 

All-day,  part-time  or  continuation  or  evening  classes  in,  sec- 
tion 50 40 

Establishment  and  maintenance  of  departments  of,  section  50.  .      40 
Requirements    for    special    certificates    to    teachers    of,    regula- 
tion   49 175 

INDIAN: 

Defined,  section  101 82 

INDIGENT  PUPILS: 
See  Pupils. 


Index  245 

INDUSTRIAL  EDUCATION:  Page 

All-day,  part-time  or  continuation  or  evening  classes  in,  sec- 
tion 50 40 

Establishment  and  maintenance  of  schools  and  departments  of, 

section    50 40 

Requirements  for  special  certificates  to  teachers  of,  regulation 

49    175 

INSPECTION  OF  SCHOOLS: 

See  Division  Superintendent  of  Schools,  Medical  Inspectors  of 
Schools,  State  Inspectors  of  Schools,  and  Superinten- 
dent of  Public  Instruction. 

JOINT  SCHOOLS: 

District  boards  of  adjacent  districts  may  establish,  section  93.  .      76 

Property  purchased  or  leased  for,  section  93 76 

(For  provision  for  Joint  High  Schools,  see  section  94,  sub-sec- 
tion 2.) 
KINDERGARTEN : 

Requirements  for  special  certificate  to  teachers  of,  regulation  49.    175 
LAND  FOR  SCHOOL  PURPOSES: 

See  Real  Estate. 
LAUREL  REFORMATORY: 

Appropriation,  State,  for  school  and  school  building  at,  sec- 
tion 179 141 

For  support  of  school,  section  151 * .  .  .    122 

School  of,  under  control  State  Board  Education,  section  179..    141 
LIBRARIES,  SCHOOL: 

See  School  Libraries. 
LITERARY  FUND: 

Accountant  of,  Second  Auditor,  section  7,  sub-section  12 19 

Auditor  to  pay  over  annually  in  money,  section  131 99 

Claims  to  be  paid  from,  how  payment  made,  section  7,  sub-sec- 
tion 12 19 

Collection  of  fines,  etc.,  for  benefit  of,  regulation  135 204 

Composed  of,  what,  section  10   (Constitution) 8 

Disbursement  of,  section  7,  sub-section  12 19 

Fines,  part  of,  sections  130  and  131    99 

Collection  of,  regulation  135 204 

Gifts,  devises,  etc.,  for  literary  purposes,  validity  of,  section  129.      98 
Glebe  lands,  etc.,  revenue  of,  to  be  applied  in  same  way  as,  sec- 
tion   128 98 

Income  of,  dedicated  to  public  free  schools,  section  131 99 

Investment  of  capital  and  unappropriated  income  of,  section  7, 

sub-section  11 19 

Loans  from,  to  build  school-houses,  terms,  conditions,  etc.,  of, 

section    67 49 

Application  for,  written,  to  State  Board  Education,  section 

67,   sub-section   2 49 

Bonds  for,  how  paid,  and  where  deposited,  section  67,  sub- 
section 4 50 

Not  made  to  aid  in  building  house  costing  less  than  $250, 

section    67,    sub-section    3 49 

Only  on   property  having   clear   title,   section    67,   sub-sec- 
tion  6. 50 


246  Virginia  School  Laws 


LITERARY  FUND: — Continued.  Page 

Shall  not  exceed  50  per  cent,  cost  of  building,  section  67, 

sub-sections    3    and    8 49-51 

Shall  not  exceed  $10,000.  for  any  one  building,  section  67, 

sub-sections   3   and   8 49-51 

To  bear  interest  at  3  and  4  per  cent,  and  repaid  in  15  an- 
nual installments,  section  67,  sub-sections  4  and  8.. 5 0-51 
Managed  and  invested,  how,  section  8,  sub-section  2   (Constitu- 
tion            7 

Section  7,  sub-section  11 19 

Section  131 99 

Money  belonging  to,  how  received  into  treasury,  section  7,  sub- 
section   12 19 

Money  due,  recovery  of,  section  6 15 

Penalties  and  forfeitures  from  school  officers,  teachers,  etc.,  be- 
long to,  section  73 65 

Principal   of,   to  remain  unimpaired,   section   131 .      99 

Recovery  of  money  due,  section  6 15 

Second  Auditor,  accountant  of,  section  7,  sub-section  12 19 

Securities  belonging  to,  deposited  with  Second  Auditor,  section 

7,   sub-section   11 19 

Validity  of  gifts,  devises,  etc.,  for  literary  purposes,  section  129.      98 
LOANS: 

Prom  county  school  board  to  district  school  board  for  building 

school-houses,  section  66 49 

From  literary  fund,  section    67 49 

(See  Literary  Fund.) 

General,  section  68 51 

To  Virginia  students  at  institutions  of  higher  and  special  edu- 
cation,   section    152 126 

MAGISTERIAL  DISTRICTS: 

Continued,  section   3    (Constitution) 5 

MANUAL  AND  INDUSTRIAL  TRAINING: 

District  boards  may  establish  schools  of,  section  49,  sub-section 

15    40 

May  make  appropriations  to  non-sectarian  schools  of,  section 

49,  sub-section  15 40 

Taught  in  common  schools,  may  be,  regulation  111 195 

In  high  schools,  section  96 79 

Teachers    of,    requirements    for   special    certificates   to,    regula- 
tion  49 175 

MEDICAL  INSPECTORS  OF  SCHOOLS: 

City  and  county  school  boards  may  appoint,  and  fix  duties  and 

compensation  of,  regulation  133 203 

MEETINGS: 
Of 

City  school  board,  section  198,  sub-section  8 154 

County  school  board,  section   35 31 

Section  37 32 

District  school  board,  section  49,  sub-section  6 39 

Regulation  94 191 

Educational,  teachers  should  attend,  regulation  132 202 

People,  to  be  called,  section  49,  sub-section  7 39 

Section   198,   sub-section   9 154 

SchoolTrustee  Electoral  Board,  section  26 29 


Index  247 


METINGS :  — Continued.  Page 

State   Board   of   Education,   section    4 14 

Teachers,  section  86,  sub-section  1 74 

Regulation  88 190 

Regulation  132 202 

MORAL.  EDUCATION: 

May  be  taught  in  common  schools,  regulation  111 195 

Provision  to  be  made  for,  section  88 75 

Text-books  on,   how  selected,   section   88 75 

MUSIC: 

May  be  taught  in  common  schools,  regulation  111.  * 195 

Teachers    of,    requirements    for    special    certificates    to,    regula- 
tion   49     175 

NARCOTICS  AND  ALCOHOL: 

Effects  of,  to  be  taught,  section  88 75 

NATURE  STUDY: 

May  be  taught  in  common  schools,  regulation  111 195 

NEGRO: 

See  Colored  Persons. 
NEGRO  REFORMATORY: 

Appropriation  to  by  State,  section  180 141 

Section  151 122 

School  at,  under  control  State  Board  Education,  section  180.  .  .  .    141 
NIGHT  SCHOOLS: 

Establishment  of  under  certain   conditions,   section    102 82 

Regulation   126    201 

Pupils  regardless  of  age  may  be  admitted  into,  section  102.  ...      82 
NON-RESIDENT  CHILDREN: 

Terms  and  conditions  of  admission  of  non-residents  of — 

District,    section    98 81 

Section  99 81 

Regulation  124 200 

Regulation    125     201 

City,  section  99,  sub-section  1 81 

State,  section   99,  sub-section   2 82 

NORMAL  SCHOOLS: 

City  school  boards  may  establish,  section  198,  sub-section  6..    154 
See  College  of  William  and  Mary,  Hampton  Normal  and  Agricul- 
tural Institute,  Normal  Training  High  Schools,  State 
Normal  Schools  for  Women,  and  Virginia  Normal  and 
Industrial  Institute. 
NORMAL  TRAINING  HIGH  SCHOOLS: 

Admission  of  pupils  into,  regulation  118,  sub-section  7 199 

Appropriation   by  State,  section  95 78 

Section  151 122 

How  appropriation  paid,  section  95,  sub-section  2 78 

Used  exclusively  for  pay  of  teachers  in,  section  95,  sub-sec- 
tion  1 78 

Books,  appliances,  etc.,  used  in,  selected  by  State  Board  Edu- 
cation,   regulation    119 199 

Chief  object  of,  section  95,  sub-section  3 79 

Course  of  study  in,  prescribed  by  State  Board  of  Education,  sec- 
tion 95,  sub-section  3 79 

First  grade,  minimum  requirements  for,  regulation  118 199 


248  Virginia  School  Laws 


NORMAL,  TRAINING  HIGH  SCHOOLS:  J — Continued.  Page 

High  schools  in  which  normal  department  established  to  be 
designated  by  State  Board  Education,  section  95,  sub- 
sections 1  and  3 78-79 

Not  more  than  one  in  any  county,  etc.,  section  95,  sub-sec- 
tion   4 '. 79 

Pupils  receiving  benefit  of  course  in,  may  be  obligated  to  teach 

in  rural  public  schools,  section  95,  sub-section  3....      79 
Requirements,  minimum,  for  a  first  grade  normal  training  high 

school,  regulation  118 199 

Teachers    employed   in,    qualifications    of    determined    by    State 

Board  Education,  section  95,  sub-section  3 79 

See  High  Schools. 
OATH  OF  OFFICE: 

Administered  by  division  superintendent  of  schools,  when,  sec- 
tion 32 31 

Regulation  86    189 

All  officers,  prescribed  for,  section  1   (Constitution) 5 

Sections   75   and   76 66    / 

Failure  to  take,  vacates  office,  section  25 29 

Oath  of — 

Division  superintendent  of  schools,  section  17 26 

By   whom   administered   and   where   recorded,   section 

17 26 

Member  city  school  board,  section  198 153 

By   whom   administered   and   where   recorded,   section 

198    153 

District  school  board,  section  32 31 

Regulation  93 191 

By  whom  administered  and  where  recorded,  sec- 
tion   32 31 

Regulation  93 191 

School     trustee      electoral      board,     citizen      member, 

section    22 28 

Qualification  of,  section  22 28 

State  Board  Education,  section  3 14 

By  whom  administered  and  where  recorded,  sec- 
tion   3 14 

Superintendent  Public  Instruction,  section  11 24 

By   whom   administered   and   where   recorded,    section 

77    66 

Recorded,  where  generally,   section    77 66 

OFFICERS,   SCHOOL: 

.     See  School  Officers. 
OFFICIAL  PAPERS: 

Delivered  to  successor  in  office,  section  71 64 

Penalty   for   failure,    section    71 64 

PATRONS: 

Election  of  teachers  by,  when,  procedure,  etc.,  regulation  99..    192 
Patrons'  day  observed  in  each  school  during  term,  regulation  89.    190 

Regulation  132 203 

Teachers  should  visit,  regulation  132 202 

See  Meetings. 


Index  249 


PATRONS'  DAY:  Page 

To  be  observed  in  each  school  during  term,  regulation  89.  ...    19( 

Regulation  132 203 

PENALTIES  AND  FORFEITURES: 
Against — 

Clerk  of  district  board,  section  103,  sub-section  6 

Section   69,    sub-section    20 62 

Section  118 93 

Section  137 102 

Sections  70  and  71 63-64 

Section  72 65 

District  trustee,  section  49,  sub-section  2 38 

Section    69,   sub-section    20 62 

Sections  70  and  71    62-65 

Section  137 102 

Regulation  97 192 

Division  superintendent,  regulation   18 164 

Section    69,   sub-section    20 62 

Sections  70  and  71 63-64 

Section   72 65 

Section  137 102 

Regulations  70  and  72 186 

Regulations   81   and   82 188 

Member  State  Board  Education,  section  70 63 

Officers  (general  reference),  section  69,  sub-section  20.  ...      62 

Sections  70,  71,  72 63-65 

Section  137 102 

Parents  or  guardians,  under  compulsory  education  law,  sec- 
tion   103 83 

Under  child-labor  law,  section  155,  sub-section  6 131 

Publishers  text-books,  violation  of  contracts,  section  8.  ...      20' 
Pupils,  reasonable  penalties  may  be  inflicted  by  teacher,  reg- 

lation    131 202 

State   Superintendent   Public   Instruction,    section    69,    sub- 
section 20 62 

Sections  70  and  71 63-64 

State  institutions  if  annual  reports  not  made  to   Superin- 
tendent Public  Instruction,   section    174.  . 139 

Sub-district  school  officer,  section  69,  sub-section  20 62 

Teachers,  sections  70  and  72 63-65 

Treasurers,  section  116 92 

Sections   118   and   120 93 

Section  122 94 

Section  126,  sub-section  7 97 

Disposition  of,  and  how  sued  for,  section  73 65 

If  inflicted,  person  not  subject  to  second  prosecution,  section  73      65 

Under  child  labor  law,  section  155,  sub-section  6 131 

See  Fines. 
PENSIONS  FOR  RETIRED  TEACHERS: 

Age,  service,  etc.,  requirements  as  to,  section  83,  sub-section  1.  .  68 
Account  of  funds  for,  to  be  kept,  section  83, .sub-section  9.  ...  71 
Amount  of,  to  be  paid,  and  how,  section  83,  sub-sections  8  and 

10V2     70-71 

Application  for,  who  may  make,  section  83,  sub-section  1 68 


250  Virginia  School  Laws 


PENSIONS  FOB  RETIRED  TEACHERS  : — Continued.  Page 

Application  to  be  restored  to  list  after  removal  from,  section  84, 

sub-section  1 72 

Bonds,  State  Board  Education  to  require  of  persons  having  cus- 
tody of  funds,  except  State  Treasurer  and  Second  Au- 
ditor, section  83,  sub-section  9 71 

Capital  and  unappropriated  income  for,  State  Board  of  Educa- 
tion to  invest,  etc.,  section  83,  sub-sections  6  and  7.  .  70 

Class  "A"  denned,  section   83,  sub-section   1 68 

Mental  or  physical  disability  of  applicants  under  this  class, 

A  how  shown,  section  83,  sub-section  2 68 

Receive  pension  so  long  as  disability  exists,  section  84,  sub- 
section   1 72 

New  examination  of  applicants  as  to,  section  84,  sub- 
section   1 72 

Removed  from  list — may  have  name  removed,  or  it  may  be 
removed  by  State  Board,  when,  section  84,  sub-sections 

1  and  5 ;' 72-73 

How  restored  after  removal,  section  84,  sub-section  3  .  .      73 

Class  "B"  defined,  section  83,  sub-section  1 68 

Classification  of  teachers  eligible  for,  section  83,  sub-section  1.      68 
Contracts  with  teachers  to  provide  for  deductions  for,  section  83, 

sub-section  4 69 

Deficiency  in  funds,  when  exists,  paid  pro  rata,  section  83,  sub- 
section 8 70 

Disability,  how  mental  or  physical  shown,  section  83,  sub-sec- 
tion 2 69 

Eligible  for,  who,  section  83,  sub-section  1 68 

Funds  for,  current,  whence  derived: 

Deductions  from  monthly  salaries  of  teachers,   section   83, 

sub-section  4 69 

How  paid  into  State  treasury,  section   83,  sub-section 

4    69 

State  appropriation,  section  83,  sub-section   5 70 

Section    151 122 

Funds  for,  how  received  by  State  Treasurer,  section  83,  sub-sec- 
tions 4,  5  and  6 69-70 

Placed  to  credit  of  "retired  teachers'  fund,"  section  83, 

sub-section  4 69 

Funds   for   permanent   endowment: 

Deductions   from  first  year's   pension,   section    83,   sub-sec- 
tion  3 69 

Deductions  from  pensions  of  those  placed  on  list  prior  to 

July  1,  1910,  section  83,  sub-section  12 72 

How  paid  into  State  treasury,  section  83,  sub-section  4      69 
Investment  and  management  of,  section  83,  sub-sections  6 

and  7 70 

Legacies,  etc.,  for,  how  received  and  managed,  section  83,  sub- 
sections 6  and  7 70 

List  of  retired  teachers  to  be  published  annually  by  State  Board 

Education,  section   83,  sub-section  11 72 

Payment  of,  when  and  how  made,  section  83,  sub-section  8.  ...      70 
Record  of  teachers  pensioned  kept  by  State  Board   Education, 

section  83,  sub-section  1 68 


Index  251 


PENSIONS  FOB  RETIRED  TEACHERS  : — Continued.  Page 

Removal  from  list,  cause,  conditions,  etc.,  of,  section  84,  sub- 
section 1 72 

Section    84,   sub-section    4 73 

Conditions   of   removal   female   teacher   who   marries   after 

name  has  been  on  list,  section  84,  sub-section  5 73 

Refund  of  money  to  person  removed,  section   84,  sub-sec- 
tion   6 73 

Restored  to  list  after  removal  from,  how,  section  84,  sub-sec- 
tion 3  73 

Rules  and  regulations  for,  State  Board  Education  prescribes,  sec- 
tion 83,  sub-section  13 72 

Securities  belonging  to  fund  for,  deposited  with  Second  Auditor, 

section  83,  sub-section  7 70 

List,  etc.,  of  to  be  returned  by  Second  Auditor  with  his  an- 
nual report,  section  83,  sub-section  7 70 

Service  required,  length  of,  after  July  1,   1908,  before  teacher 

may  be  pensioned,  section  83,  sub-section  10 71 

Special,  for  teachers  retired  between  July  1,  1902,  and  July  1, 

1908,  section  83,  sub-section  10% 71 

Teachers'  certificates,  status  as  to,  of  teachers  removed  from  pen- 
sion list  and  afterwards  restored  to  it,  section  84,  sub- 
section 2 72 

PRIMARY  AND  GRAMMAR  SCHOOLS: 

Maintained  at  least  four  months  or  local  funds  cannot  be  used 

for  higher  schools,  section  12   (Constitution) 9 

Section    39,   sub-section    3 x 32 

Maintained  at  least  five  months  or  State  high  school  appropria- 
tion cannot  be  used  for  high  school  purposes,  section 

94,  sub-section  1 76 

State  funds  provided  for,  section  11    (Constitution)  .• 8 

Section  149 114 

Section   151 122 

See  School  Term. 
PROFESSIONAL  COURSE  OF  STUDY: 

See  Reading  Course. 
PROPERTY: 

See  School  Property. 
PUBLISHERS  OF  TEXT-BOOKS: 

Affidavit  of,  as  to  prices,  etc.,  section  7,  sub-section  6 17 

Contracts     (written)     State    Board    to    make     with,    section    8, 

Section    8,    sub-section    5 22 

sub-section    1 20 

Bond    with    surety    approved    by    State    Board,    accompany, 

section  7,  sub-section  6 17 

Section  8,  sub-section  5 22 

Penalty  for  violation  of,  section  8,  sub-sections  5  and  6..      22 
Representations,   terms  and   conditions   of,   section    8,   sub- 
section   1 20 

State  Board  Education  may  instruct  Attorney  General  to  in- 
stitute proceedings  against,  for  violation  of,  section  8, 

sub-section  7 23* 

Superintendent  Public  Instruction  take  care  terms  and  con- 
ditions of  complied  with,  section  8,  sub-section  7 23 

Term  for  which  may  be  made,  section  7,  sub-section  6 17 


252  Virginia  School  Laws 

PUBLISHERS  OP  TEXT-BOOKS — Continued.  Page 

Violations    of,    report    to    State    Board    by    Superintendent 

Public  Instruction,  section  8,  sub-section  7 23 

(See  also,  section  7,  sub-section  6.) 
PUPILS: 

Accidents,  instruction  of,  for  prevention,  section  91 75 

Admission   of — 

Adjoining  district,  another  county,  section  98 81 

Regulation  125 201 

Appeal,   regulation    125 201 

Another    district, .  section    98 81 

Appeal,  section  98 81 

Any  other  district  than  that  in  which  parent  or  guardian 

resides,   section   99,   sub-section    1 81 

Appeal,  section  99,  sub-section  1 81 

Children   6   years  of  age,   conditions,   section   100 82 

High  schools,  section  94,  sub-section  2 76 

Regulation    124 200 

High  and  graded  schools  of  other  districts   and   counties, 

regulation    124 200 

Indigent  children,  special  provision  for,  section  99,  sub-sec- 
tion   2 82 

Night  or  evening  schools  or  classes,  regardless  of  age,  sec- 
tion  102 82 

Regulation   126,   sub-section    (b) 201 

Non-residents    of    State — near    boundaries    of — section    99, 

sub-section  2 82 

Non-residents  into  city  schools,  section  99,  sub-section  1.  .  81 

Appeal,  section  99,  sub-section  1 81 

Other  persons,  including  those  between  the  ages  of  20  and 

25  years,  section  102 82 

Regulation    126 .  201 

Not  to  be  kept  in  school  to  detriment  of,  etc.,  regula- 
tion  126,  sub-section    (a) 201 

Submit  to  regulations  of  school,  etc.,  regulation  127.  .  201 
Attend    nearest   school,    unless    otherwise    provided    by    district 

board,  etc.,  section  99,  sub-section  3 82 

Attendance    under    compulsory    law,    section    103 83 

Average  attendance  of,  does  not  effect  pay  of  teachers,  when, 

section    79 67 

Necessary  to  form  school,  regulation  123 200 

Relief  of  teachers  from  loss  of  pay  on  account  of,  when,  sec- 
tion   80 67 

Between  7  and  20  years  residing  in  district,  section   98 81 

Cleanliness  and  good  behavior  required  of,  section  105 86 

Colored   and   indian   defined,   section    101 82 

Colored  and  white,  separate  schools  for,  section  98 81 

Compulsory   education   of,   section    103 83 

Conduct  of,  going  to  and  from  school  subject  to  rules  of  dis- 
trict or  city  school  board,  section  49,  sub-section  *!....  38 

Section  105 86 

Section  198,  sub-section  1 154 

Contagious  diseases,  suffering  with  excluded,  section  105 86 

Enrollment  and  attendance  of,  necessary  to  form  a  school,  reg- 
ulation  123. .                                                                            . .  200 


Index  253 


'  PUPILS :  — Continued.  Page 

Eyesight  and  hearing  of,  how  tested,  section  107 87 

Expel  or  suspend,  district  or  city  board  may,  section  49,  sub-sec- 
tion  3 38 

Section    198,    sub-section    4 154 

Teachers  may  suspend,  section  85 73 

Regulation  131    202 

Indian  and  colored,  denned,  section  101 .  .  .  .- 82 

Indigent,  provision  for  admission  of,  section  99,  sub-section  1.  .  81 
District  or  city  board  to  decide  what  are,  section  49,  sub- 
section  4    38 

Free  text-books  for,  section  15  .(Constitution) 9 

Section  49,  sub-section  4 38 

Instruction  of,  as  to  prevention  accidents,  section   91 75 

In  agriculture,  manual  training,  and  domestic  arts  and  sci- 
ence in  certain  high  schools,  section  96 79 

Medical  inspectors  for,  regulation   133 203 

Penalties,  reasonable,  teachers  may  inflict  upon,  regulation  131.  202 
Schools  free  to  persons  between  ages  of  7  and  20  years  residing 

in  district,  section  98 81 

Separate  schools  for  white  and  colored,  section  98 81 

Sight  and  hearing  of,  how  tested,  section  107 87 

Suspend  or  expel,  district  or  city  board  may,  section   49,  sub- 
section   3 38 

Section   198,   sub-section   4 154 

Teacher  may  suspend,  section  85 73 

Report  facts  in  writing  to  district  board  and  parent  or 

guardian,  section  85 73 

Regulation    131 202 

Text-books,  free  for  indigent,  section  15    (Constitution) 9 

Section  49,  sub-section  4 38 

All  pupils  must  be  supplied  with  proper,  regulation'  120.  .  199 

Transportation  of,  provided  for,  section  92 76 

Regulation  103 193 

Tuition  of,  from  other  districts  to  be  agreed  upon,  in  advance, 

by  board  of  districts  concerned,  regulation  124 200 

Adjoining  district,  another  county,  regulation  125 201 

Appeal,   regulation    125 201 

Another    district,    section    98 81 

Appeal,  section   98 81 

Any  other  district  than  that  in  which  parent  or  guardian 

resides,  section  99,  sub-section  1 81 

Appeal,  section  99,  sub-section  1 81 

Between  20  and  25  years  of  age,  section  102 82 

Regulation    126 201 

High  and  graded  schools  of  other  districts  and  counties,  reg- 
ulation  124 200 

High  school  branches,  section  89 >  .  .  .  75 

Residing  beyond  limits  of  State,  etc.,  section   99,  sub-sec- 
tion   2 82 

Vaccinated,  must  be,  when  and  how,  section  105 86 

White  and  colored  to  be  taught  in  separate  schools,  section  98.  .  81 
BADFOBD  STATE  NORMAL  SCHOOL  FOR  WOMEN: 
See  State  Normal  School  for  Women  at  Radford. 


254  Virginia  School  Laws 


BEADING  COURSE  FOR  TEACHERS:                                                                Page- 
Examinations  on,  given  in  April  and  July,  regulation  3,  sub-sec- 
tion   3 159 

Regulation  24 165 

Design  of,  regulation  24 165 

Publication    of,    regulation    24 165 

Subjects  included  in  examination  on,  regulation  51,  sub-section  4  178 

REAL  ESTATE: 

Appeal  by  board  supervisors  or  citizens  in  matter  of  approval  or 
disapproval  of  title  to,  for  school  or  other  public  uses, 

section   57 43 

Condemn,  district  or  city  board  may,  section  58 43 

Section   59    " 44 

Section   198,   sub-section    15 156 

Contract  for  purchase  of  for  school  or  other  public  uses  in  writ- 
ing,  section   57 43 

Section  59 44 

Not  valid  until  title  approved,  section  57 43 

Section  59 44 

Appeal,   section   57 43 

Deed  for,  district  board  to  make,  when,  section   40 34 

Exempt  from  taxation,  what,  section  22    (Constitution) 11 

Section  147 Ill 

Reassessment  of,  every  five  years,   section  20    (Constitution)  .  .  10 

Sale  or  exchange  of,  section  40 34 

Title  to,  for  school  or  other  public  uses,  approved  by  attorney  at 

law,  section  57 43 

By  circuit  court  or  judge,  section  57 43 

Section  59 44 

Appeal,   section   57 43 

What  may  not  be  acquired  by  school  board  in  condemnation  pro- 
ceedings,   section    59 44 

RECORDS,  ETC.: 

Delivered  to  successor  in  office,  section  71 64 

Penalty  for  failure,  section  71 , 64 

REFORMATORY  SCHOOLS: 

Home  and  Industrial  School  for  girls,  section  151 122 

Laurel,   section    179 141 

Negro,    section    180 141 

State  appropriations  for  these  schools,  section  151 122 

REGISTER: 

Of  applicants  to  teach,  division  superintendent  to  keep,  regula- 
tion  13 163 

Superintendent  Public  Instruction,  to  prepare,  section  81 68 

Regulation   1,   sub-section   3 156 

Teacher's  register,   every  teacher  to  keep,   section   81 68 

Delivered  to  district  clerk,  section  81 68 

Regulation  130 202 

REPORTS: 

See  various  boards  and  officers. 
RURAL  SCHOOLS: 

State  appropriation  for,  section  151 122 


Index  255 


SALARY:  Page 

Of— 

City  superintendent,   section   18 27 

Section   196 153 

Clerk   city  school  board,   section   190 151 

Clerks    and    employees    of   Department    Public    Instruction, 

section  7,  sub-section  3 17 

Division  superintendent,  section  18  and  19 27 

State  board  of  examiners,  compensation  of,  regulation  2..  158 

(Not  salaried  officers) 

State  inspectors  of  schools,  regulation  68 185 

Superintendent  Public  Instruction,  section  11 24 

Section   151 122 

Teachers,  section   49,  sub-section  11 39 

In   cities,   section   198,   sub-section   12 155 

Not  governed  by  average  attendance,  when,  section  79  67 

Section  80 67 

Not  affected  by  reassignment  in  cities,  regulation  92.  .  191 

SCHOOL  AGE: 

Section    11     (Constitution) 8 

Section  98 81 

SCHOOL  BOARD: 

See   City   School   Board. 

County   School    Board. 
District  School  Board. 

SCHOOL  DISTRICTS: 

Claims  against,  how  audited  and  paid,  section  54 41 

Constituted,   how,   section   9    (Constitution) 8 

Section  52 '. 41 

Name  and  boundaries  in  cities  and  where  recorded,  section  187.  150 
Name,   number,  and  boundaries  of,  to  be  reported  to  Superin- 
tendent Public  Instruction,  and  recorded,  section  51,.  .  41 

Section  187 150 

Not  to  receive  any  part  of  State  or  county  funds  until  provision 
has  been  made  for  school-houses,  furniture,  etc.,  sec- 
tion 65 49 

Outhouses,  etc.,  provide,  section  61,  sub-section  4 46 

Section  64 47 

Trustees  of,  appointment,  number,  etc.,  section  9  (Constitu- 
tion)    8 

Section   24    28 

Section   27 29 

Section  30    30 

Section    42 3« 

In  cities,  section  28 30 

Section  189    151 

Section    192    152 

Unexpended  funds  in,  how  treated,  section  119 93 

Residue,  how  used,  regulation   103 193 

Warrants  by,  for  what,  and  how  issued,  section  54 41 

When  in  more  than  one  county,  provisions  concerning,  section  46  37 


256  Virginia  School  Laws 

SCHOOL  DIVISIONS:  Pact 

State  divided  into  appropriate,  by  State  Board  Education,   for 
purposes  of  supervision,  etc.,  section  8,  sub-section  1 

(Constitution)     

Section    7,    sub-section    1 15 

SCHOOL  FUNDS: 

Application   of,    division   superintendent   to   see   to   proper,   reg- 
ulation  73 186 

Apportionment  of  State,  approximate,  on  November  1st,  section 

132     99 

Section  149 114 

Regulation    75     187 

Apportionment  of,   to  be   recorded  by   division   superintendent, 

regulation  77 187 

When  district  in  more  than  one  county,  section  46 37 

Appropriations   by  General  Assembly,   section    151 122 

For  high  schools,  section  94,  sub-section  4 77 

General,  section  151 122 

Bank  stock,  county  and  district  tax  on,  section  143 108 

Section  144    109 

State  tax  on,  section  149,  sub-section    (f) 115 

Capitation  tax,  section   149,   sub-section    (b) 114 

Cities,  managed  and  controlled  by  city  school  board,  section  198, 

sub-section  12 155 

City  treasurer,  State  funds  deposited  with,  section  195 153 

Commissions  of  treasurer  on,  sections  109  and  110 88 

Sections  113  and  114    90-91 

Consist  of  what,  section   136 101 

County,  how  determined,  levied,  and  expended,  section  12  (Con- 
stitution)      9 

Section  136,  sub-sections  2  and  3 101 

Apportionment  of,  regulation  75 187 

Section  136    101 

How   used,    regulation    103 193 

Not  paid  to  district  until  it  has  made  provision  for  school- 
houses,  furniture,  etc.,  section  65 49 

Residue,  how  used,  regulation  103 193 

Unexpended,  how  disposed  of,  section  119 93 

County  and  town  treasurers  to  report  as  to,  on  December  1st, 

etc.,    section    116 92 

Regulation    74     187 

County  treasurer — 

Commissions  of,  on,  sections  109  and  110 88 

Sections    113    and    114     90-91 

Disbursed  by  county  treasurer,  sections  108  and  110 88 

District,    how    determined,    levied,    and    expended,    section    12 

(Constitution)    9 

How  used,  section  136 101 

Regulation  103    193 

Residue  of,  for  pay  of  teachers,  regulation  103 193 

Unexpended,  disposition  of,  section  119 93 

District  and  county  tax  on  bank  stock,  section  143 108 

Section    144 109 

On    oysters,    section    145 109 


Index  257 


SCHOOL  FUNDS: — Continued. 

Dog  tax,  section  136,  sub-section  3 101 

Section  142    106 

Fines,  from,  section  130 99 

Glebe  land  and  church  property,  from,  section  127 97 

Section  128    98 

High  schools,  State  appropriation  for,  section  94,  sub-section  4.  77 

Section    151     122 

When  available  for,  section  94,  sub-section  1 76 

Literary  fund,   of  what  composed,  section   10    (Constitution)  ...  8 

Section   131    99 

Managed  and  controlled  by  State  Board  Education,  section 

8,  sub-section  2   (Constitution)    7 

Penalties  and  forfeitures  belong  to,  section  73 65 

Local,  amount  of,  submitted  to  people,  when,  section  136,  sub- 
section 3 101 

Section   136,  sub-sections  2  and  3 101 

Limitation  of,  section  12  (Constitution)    9 

Logs  or  timber,  unbranded  drift,  section  146 Ill 

Not  appropriated  to  schools  not  owned  or  controlled  by  State 
or    some    sub-division    thereof — exception,    section    17 

(Constitution)    9 

Not  available  for  a  school,  when,  section  53 41 

For  high  schools,  when,  section  94,  sub-section  1 76 

Not  used  for  school  in  house  condemned  by  division  superinten- 
dent, section   60    45 

Section  198,  sub-section  10    155' 

Penalty  added  after  December  1st,  section  111 .  .  .  .  89 

Public  lands,  escheated  property,  etc.,  from,  section   10,    (Con- 
stitution)      8 

Section   131    99 

Received  by  county  treasurer,  sections  108  and  110    88 

Residue  of  State  funds,  how  distributed,  section  135 101 

County  funds,  how  used,  regulation  103    193 

District    funds,    how    used,    regulation    103     193 

Unexpended,  section  119    93 

School  taxes  to  be  separately  assessed  and  accounted  for,  section 

150    122 

State  funds,  whence  derived  and  how  apportioned,  section   11, 

( Constitution )     8 

Section    132     99 

Section  136,  sub-section  1 101 

Section  149    114 

Section  151    122 

Apportionment  of,  regulation  1,  sub-section  9    157 

Regulation  75    187 

Apportionment  to  cities,  section  195    153 

How  residue  of,  distributed,  section  135    101 

How  used,  regulation  103 193 

Not  paid  to  district  until  it  has  made  provision  for  school- 
houses,  furniture,  etc.,  section   65 49 

Residue  of,  how  used,  regulation  103 193 

Unexpended,  disposition  of,  section  119 93 

When  available  for  high  schools,  section  94,  sub-section  1  76 

When  not  available  for  a  school,  section  53 41 


258  Virginia  School  Laws 


SCHOOL  FUNDS: — Continued. 

State  tax  on  bank  stock,  section  149,  sub-section   (f)    115- 

Capitation,  section  149,  sub-section  (b) 114 

State  tax  on — 

Express,  etc.,  Companies,  section  149,  sub-section   (j)  .    11& 
Industrial    sick    benefit    companies,    section    149,    sub- 
section (h) 117 

Insurance,  etc.,  companies,  section  149,  sub-section  (g)    llfr 
Intangible  personal  property,  section   149,  sub-section 

(d)    115. 

Money,  section  149,  sub-section  (e)    115 

Railway,  canal,  etc.,  companies,  section  149,  sub-section 

(i)     117 

Real  estate,  etc.,  section  149,  sub-section  (a) 114 

Steamship,    etc.,    companies,    section    149,    sub-section 

(k)    119 

Tangible    personal   property,    section    149,    sub-section 

(c)    115- 

Telegraph,  telephone,  etc.,  companies,  section  149,  sub- 
section   (1)     119 

Water,  heat,  etc.,  companies,  section   149,  sub-section 

(m)    120 

Transfer  of,  when  treasurer  fails  to  pay  warrants  for,  etc.,  sec- 
tion 126    96 

SCHOOL  FURNITURE: 

City  school  board  to  provide,  section  198,  sub-section  10 154 

District  school  board  to  provide,  section  49,  sub-section  9 39 

School  officers  not  to  have  interest  in,  or  in  firm  supplying,  etc., 

section   70    63 

SCHOOL  HOLIDAYS: 
See  Holidays. 

SCHOOL  HOURS: 

Regulation    100     193 

SCHOOL-HOUSES : 

Arrangement  of  doors,  halls,  etc.,  section  61,  sub-sections  1  and 

2    45 

Section   64    47 

Attractive  and  clean,  teachers  to  see  that,  regulation  132 202 

Bond  issue  for  erection  of,  provisions  governing,  section  68.  ...  51 

Built  out  of  district  funds,   regulations   102   and    103 193 

Funds  from  loans,  sections  66  and   67 49 

Burning,  how  punished,  section  160 132 

Care  in  building,  district  boards  to  exercise,   regulation   107..  194 

Cared  for  by  district  board,  regulation  108 195 

Clean  and  attractive,  teachers  to  see  that,  regulation   132.  ...  202 
Closets,  separate  for  males  and  females,  provision  for,   section 

64,   rule   12    48 

Condemn  unsuitable,  division  superintendent  to,  section  60.  ...  45 

Section    198.    sub-section    10 154 

Contracts  for  building,  material  supplies,  etc.,  for,  school  officers 
and  teachers  not  to  be  interested  in,  nor  in  any  firm, 

etc.,  section   70    63 

Destruction  of,  how  punished,  section  160   .  132 


Index  259 


SCHOOL  HOUSES: — Continued.  Page 

Disinfected,  when  and  how,  section  64 47 

District  not  to  receive  State  funds  until  houses  provided,   sec- 
tion 65 49 

District  or  city  board  may  lease,  purchase,  or  build,  section  49, 

sub-section  9    39 

Section  198,  sub-section  10    154 

Erection  of,  loans  for,  from  literary  fund,  section  67 49 

From  special  funds,  section  66    49 

General,   section    68    51 

Fire  escapes,  provision  for  in,   over  three  stories  high,   section 

156    131 

Funds,  invested,  and  profits  thereof  used  for  erection  of,  when, 

section  39,  sub-section  4    33 

Heating,  lighting,  and  ventilation  of,  section  61    45 

High  schools,  for,  section  94,  sub-section  1    76 

Injuries  to,  how  punished,  section  158   .  ^ 132 

Loans  from  literary  fund  to  erect,  secticm  67    49 

From  special  funds,  section  66    49 

General,   section    68    51 

Locked,   securely  in  vacation,   regulation   108    195 

Outhouses,  etc.,  school  board  to  provide,  section  61,  sub-section 

4    46 

Section    64,   rule   12    48 

Provided  by  district  school  board,  section  49,  sub-section  9 39 

Section  65    49 

By  city  school  board,  section  198,  sub-section  10 154 

Rooms,  height  of,  arrangement  of  doors,  halls,  etc.,  section  61, 

sub-sections  1  and  2 45 

Section   64    47 

Sanitary  requirements  and  regulations  in  reference  to,  section  64  47 

Swept,  when  and  how,  section  64 47 

Teachers  to  see  that  attractive  and  clean,  regulation  132 202 

Towns  may  borrow  money  to  build,  section  175 139 

Unfit,  no  school  allowed  in,  section  60    45 

Section    198,    sub-section    10 154 

Unsuitable,  division  superintendent  to  condemn,  section  60.  ...  45 

Section  198,  sub-section  10 154 

Use  of,  for  certain  purposes  granted  by  trustee  of  district,  section 

62    46 

If  trustee  refuse,  district  board  to  act,  section  62 46 

Appeal  by  county  supervisors  or  five  citizens  from  district 

board  to  school  trustee  electoral  board,  section  62.  ...  46 

Vacation,  securely  locked  in,  regulation  108 195 

Water   closets,    separate   for   males  and   females,   provision   for. 

section  64,  rule  12    48 

SCHOOL  LIBRARIES: 

Application  for  State  aid,  division  superintendent  to  forward  with 
warrant,  list  of  books,  etc.,  to  Department  Public  In- 
struction, section  154,  sub-section  2 128 

Appropriation  for,  State,  section  151 122 

State,  conditions  governing,  section  154,  sub-section  2.  ...  128 

How  appropriations  paid,  section  154,  sub-section  2..  128 


260  Virginia  School  Laws 

SCHOOL  LIBRARIES :  — Continued. 

By  district  board,   conditions  governing,   section   154,   sub- 
section 1 128 

How  paid,  section  154,  sub-section  2 128 

Books  for,  selected  from  list  approved  by  State  Board  Education, 

Section  154,  sub-section  1 128 

Arrangements  for,  State  Board  Education  to  make,  section 

154,   sub-section   2    128 

District  board  to  appoint  person  to  select,  section  154,  sub- 
section  1    128 

How  obtained,  section  154,  sub-section  2 128 

Prices,  rules  and  regulations,  State  Board  Education  to  fix, 

section  154,  sub-section  1 128 

Bookcase,  district  board  to  furnish,  section  154,  sub-section  2.  .    128 
Competent  person  to  select  books  from  list  approved  by  State 
Board  Education,  district  board  to  appoint,  section  154, 

sub-section  1    128 

County  or  city  treasurer,  remittance  to  by  State  Board  Education 
for  amount  State  aid  to  library,  section  154,  sub-section 

2    128 

No    commission    for    receiving    and    disbursing    funds    for 

libraries,  section  154,  sub-section  2 128 

District  board  not  obliged  to  make  appropriation  to  more  than 

five  in  one  year,  section  154,  sub-section  1 128 

Division  superintendent  to  forward  list  of  books  with  warrant, 
etc.,  to  Department  Public  Instruction,  section  154,  sub- 
section 2 128 

Exchange  of,  section  154,  sub-section  3    129 

Manager  of,  district  or  city  board  to  appoint,  section  154,  sub- 
section 1 128 

Carry  out  regulations  State  Board  Education  as  to  preser- 
vation and  use  of  books,  section  154,  sub-section  3..    129 

May  exchange  libraries,  section  154,  sub-section  3 129 

Private  subscription  of  $15  by  patrons  and  friends  necessary  to 

secure  library,  section  154,  sub-section  1 128 

Rules  and  regulations  governing,  State  Board  Education  to  pre- 
scribe, section  154  128 

Teachers  should  exert  themselves  to  establish,  regulation  132.  .    202 

SCHOOL  MONEY: 

See  School  Funds. 

SCHOOL  MONTH: 

Defined,  regulation  122 200 

SCHOOL  OFFICERS: 

Appeals,  general,  by,  regulation  85 189 

Bond,  certain  officers,  deputies,  etc.,  to  give,  section  2  (Con- 
stitution)    5 

Cities  of  second  class,  in,  section  188 150 

County  school  board  may  proceed  against,  section  41 35 

Disability  of  certain  Federal  and  State  to  serve  as,  section  31.  .      30 
Enforcement  of  laws  and  regulations,  see  to,  regulation   106..    194 
Firm  of  which  member  or  agent  not  to  have  interest  in  con- 
tract for  work  done  or  supplies  to  schools,  etc.,  section 
70,  sub-section  2 63 


\ 


Index  261 


SCHOOL  OFFICERS: — Continued.  Page 

Penalty  for  violation,  section  70,  sub-section  2 63 

Forbidden  to  be  concerned  in  any  contract  with  school  boards, 
for  building  school-houses,  material  used  for  same,  or 
for  books,  supplies,  etc. — exception,  section  70,  sub-sec- 
tion 1  63 

Penalty  for  violation,  section  70,  sub-section  1 63 

To  discount  warrants,  section  70,  sub-section  3 63 

Laws  and  regulations,  see  to  enforcement  of,  regulation  106.  .  194 

Malfeasance  or  neglect  of  duty,  penalty  for,  section  72 65 

Misdemeanor,  guilty  of,  if  county  school  board  fails  to  make  and 

publish  annual  statement,  section  137 102 

Oath  of  office,  take,  section  1  (Constitution) 5 

Oaths  required,  sections  75  and  76 66 

Official   papers,   etc.,   deliver   to   successor — penalty   for   failure, 

section   71    64 

Penalties  and  forfeitures,  duty  to  set  prosecution  for  on  foot, 

section  73 65 

Against,  how  sued  for,  section  73 65 

Proceed  against,  county  school  board,  may,  section  41 35 

Removal  of  from  office,  circuit  and  corporation  courts  have  power 

of,  section  74 65 

Reports,   Superintendent  Public  Instruction   may  require   from, 

regulation    1,    sub-section    4 .  157 

Teach,  not  allowed  to  (except  superintendent  of  city)  regula- 
tion 128  201 

Vacate  office  of  certain,  school  trustee  electoral  board  may,  sec- 
tion 25 29 

SCHOOL  PROPERTY: 

Cared  for,  managed,  and  controlled  by  district  board,  section  49, 

sub-section  9    39 

County  school  board  to  make  provision  for  fulfillment  of  pur- 
poses of  donor  in  case  boundaries  of  districts  changed, 

section   56    42 

Vests  in,  when,  section  39,  sub-section  4 33 

Deed  for,  when  district  board  to  make,  section  40 34 

District,  vests  in  district  board,  section  55 42 

Donations  to  school  districts,  how  to  vest,  section  56 42 

In  cities,  vest  in  city  school  board — exception,  section  189 ..  151 

Exempt  from  taxation,  section  22   (Constitution) 11 

Sections  147  and  148 Ill 

Joint  schools,  of,  section  93 76 

Protected,   improved,   etc.,   by  directors   of  sub-district,   section 

69,  sub-section  17,   7a 62 

Purchasing  real  estate,  manner  of,  title  to,  etc.,  section  57 43 

Section    59     44 

Sale   or   exchange   of,   section   40 34 

Title  to,  examination,  etc.,  of,  section  57 43 

Section    59     44 

SCHOOLS,  PUBLIC  FREE: 

Admission  of  pupils: 

From  7  to  20  years  residing  in  district,  section  98 81 

Between  20  and  25  years,  etc.,  section  102 82 

Regulation  126    .                                      201 


262  Virginia  School  Laws 


SCHOOLS,  PUBLIC  FREE: — Continued.  Page 

Regardless    of    age,    section    102 82 

Regulation    126     201 

Six  years  of  age,  section  100    82 

Adjoining  district  of  another  county,  regulation  125 201 

Another  district   (school  peculiarly  situated),  section  98..  81 
Any  other  district  than  that  in  which  parent  or  guardian 

resides,  section  99,  sub-section  1 81 

Children  of  taxpayer,  non-resident  (of  State),  into  schools 
of  district  bordering  on  another  State,  section  99,  sub- 
section 2  82 

City  schools,   non-residents,   section   99,   sub-section    1....  81 

High  and  graded  schools,  regulation  124 200 

Night  or  evening  schools  and  classes,  section  102 82 

Regulation  126    201 

Agricultural,  normal,  manual  training  and  technical,  section  13 

(Constitution)     9 

Section   96    79 

Section  198,  sub-section  6    ; 154 

Appoint  persons  to  visit,  etc.,  Superintendent  Public  Instruction 

may,  regulation  1,  sub-section  4 157 

Attendance  upon  nearest  school  unless  otherwise  ordered  by  dis- 
trict board,  section   99,  sub-section  3 82 

Authorities  for  administering  system,  section  2 13 

In   cities,    section    185    149 

Branches  taught  in,  section  88 75 

Regulations  111  and  112    195 

Cities,  in,   section   185 149 

Section  198    153 

Classification  of,  regulation  110 195 

Consolidation  of,  provision  for,  section  92    

Regulation  109 195 

Daily  session,  minimum  length  of,  regulation  100.  . 

Disturbing  exercises  of,  how  punished,  section  159 132 

Efficient  system  of,  to  be  established  and  maintained,  section  5 

(Constitution)    6 

Section  1 13 

Section  185 149 

Section  198 153 

Elementary  schools,  establishment  of  high  schools  not  to  inter- 
fere with,  section  90 75 

Section  94,  sub-section  1    76 

Free  to  all  between  7  and  20  residing  in  district,  section  98.  ... 

Graded  course  of  study  recommended  for,  regulation  111 195 

Graded  schools,  preference  given  to,  section  87 

Regulation  124    200 

High  schools,  establishment  of  not  to  interfere  with  elementary, 

section  90 75 

Primary  and  grammar  maintained  five  months,  in  order  to 

receive  funds  for  high,  section  94,  sub-section  1 76 

Indigent  children  exempt  from  certain  provisions,  section  99,  sub- 
section 1 81 

Inspection  of,  Superintendent  Public  Instruction  to  make  tours 

of,  regulation  1,  sub-section   5    157 

Inspectors  of,  State  school,  regulation  68 185 


Index  263 


SCHOOLS,  PUBLIC  FREE: — Continued.  Page 

Literary  fund,  income  of  devoted  to,  section  131 99 

Mixed,  prohibited,  section  16    (Constitution)    9 

Section  98    81 

Multiplication  of,  State  Board  to  guard  against,  section  7,  sub- 
section  7    18 

Night  or  evening  schools  and  classes  in,  section  102 82 

Regulation  126    201 

Normal  training  classes  in  high  schools,  section  95 78 

Number  of,  how  determined,  section  92 76 

Primary  and  grammar  maintained  five  months  in  order  to  re- 
ceive funds  for  high  schools,  section  94,  sub-section  1 .  .  76 

Pupils,  minimum  number  to  form  a  school,  section  104 86 

Regulation  123    200 

Rules  for  government  of,  district  board  to  make,  section  49,  sub- 
section   1    38 

City  board  to  make,  section  198,  sub-section  1 154 

State  inspectors  of,  regulation  68 185 

State  students  in  following  named  institutions  required  to  teach 
in  public  schools: 

College  of  William  and  Mary,  section  161 133 

State  Normal  School  for  Women  at  Farmville,  section  162  .  .  133 
State  Normal  School  for  Women  at  Fredericksburg,  section 

163    133 

State  Normal  School  for  Women  at  Harrisonburg,  section 

163    133 

State  Normal  School  for  Women  at  Radford,  section  164.  134 

Virginia  Military  Institute,  section  167 135 

Virginia  Normal  and  Industrial  Institute    (for  colored  stu- 
dents) ,  section  170,  sub-section  1 137 

System  to  be  observed  and  regulated  by  State  Board  Education, 

section    7,    sub-section    17 20 

Visit,  school  boards  to,  section  49,  sub-section  10 39 

Section    198,    section    11 155 

What  taught  in,  section  88 75 

Regulations  111  and  112    195 

White  and  colored,  separate  for,  section  16    (Constitution)  ....  9 

Under  same  general  regulations,  section  98 81 

SCHOOL  TERM: 

Five  months  minimum,  section  53    41 

Section  94,  sub-section  1    76 

SCHOOL  TRUSTEE  ELECTORAL  BOARD: 

A  permanent  board  of  appeal,  section  25 29 

Appeals  to  concerning — 

Attendance  and  tuition  of  pupils  in  certain  cases,  section  98.  .81 

Section  99,  sub-section  1    81 

Employment  or  dismissal  of  teacher,  section  49,  sub-section 

2    38 

Local  matters  generally,  section  29 30 

Use  of  school-house  for  certain  purposes,  section  62 46 

Appoint  district  school  trustees,  section  24    28 

Section   52    41 

Appointment  of  resident  qualified  voter  as  a  member  of,  by  judge 

circuit  court,  section  22.  .  28 


264  Virginia  School  Laws 

SCHOOL  TRUSTEE  ELECTORAL  BOARD: — Continued.  Page 

Authority  over  sub-district,  section  69,  sub-section  2 55 

Books,  papers,  etc.,  may  require  production  of,  section  25....  29 

Chairman  of,  section  23 28 

May  administer  oath  to  witnesses  before  it,  section  25 29 

Clerk  of,  section  23  28 

Duties  of,  section  27 29 

Expenses  of,  how  paid,  section  27  29 

Composition  of,  section  22 28 

Fines,  may  impose,  section  25 29 

Meetings  of,  section  26 29 

Quorum,  section  26  29 

Member  of,  appointed  by  circuit  judge,  how  qualifies,  section  22  28 

Pay  of,  section   22 28 

Vacancy  in  term  of  filled  by  judge  circuit  court,  section  22  28 

Summonses  and  rules,  may  issue,  section  25 29 

Trustees,  district,  to  appoint,  section  24 28 

Section  52 41 

Trustees,  may  remove,  section  25  29 

Proceedings  for,  section  25  29 

Vacancies  in  office  of  trustee,  declare  and  fill,  section  25....  29 

Vacate  office  of  trustee  who  fails  to  qualify,  section  25 29 

Who  fails  to  discharge  duties,  etc.,  section  25 29 

SCHOOL  WAGONS: 

Residue  of  State  and  county  school  funds  may  be  used  to  pay 

drivers  of,  regulation  103 193 

SCHOOL  YEAR: 

Defined,  section  49,  sub-section  14    40 

Regulation  71 186 

SECOND   AUDITOR: 

Accountant  of  literary  fund,  section  7,  sub-section  12 19 

Apportionment  of  State  school  funds,  to  be  furnished  copy  scheme 

of,  regulation  1,  sub-section  9 157 

Claims  allowed  by  Board  Education,  issues  warrants  for,  section 

7,  sub-section  12 19 

Division  superintendents  paid  by  warrants  on,  section  18 27 

High  schools,  State  appropriations  for,  turned  over  to,  section 

94,  sub-section  4 77 

Literary  fund,  money  belonging  to  received  into  treasury  on  war- 
rant of,  section  7,  sub-section  12 19 

Loans  from  literary  fund  for  building  school-houses,  principal 

and  interest  on  paid  through,  section  67,  sub-section  4  50 
May  require  county  treasurer  to  pay  past  due  interest  or 

principal  on,  section  67,  sub-section  5 50 

Retired  teachers'  fund,  money  belonging  to,  received  into  treas- 
ury on  warrant  of,  section  83,  sub-section  6 70 

Securities  belonging  to  literary  fund  deposited  with,  section  7, 

sub-section    11     19 

Section  67,  sub-section  4 50 

Belonging  to  retired   teachers'   fund,   section   83,   sub- 
section 7 70 


Index      •  265 

SECOND   AUDITOR: — Continued.  Page 

Return  list  of  securities  with  annual  report,  section  7,  sub- 
section   11    19 

Section  83,  sub-section  7 70 

State  school  money,  requisition  on,  by  county  treasurer,  section 

21    27 

Teachers'   pensions   paid   by   warrants   of   Board   Education    on, 

section  83,  sub-section  8    70 

Warrants  of  Second  Auditor  on  State  Treasurer,  section  83, 

sub-section  8    70 

SECRETARY  OF  THE  COMMONWEALTH: 

To  be  agent  upon  whom  process  served  against  publisher  of 
text-books  (if  foreign  corporation  or  non-resident),  in 
case  of  proceedings  for  violation  of  contract,  section  8, 

sub-section   (d)    21 

SECRETARY  STATE  BOARD  OF  EDUCATION: 

Appointment   of,    section    7,    sub-section    3    17 

Nomination  of,  section  7,  sub-section  3    17 

Claims,  certify  allowed  by  board,  section  7,  sub-section  12 19 

Compensation  of,  section  7,  sub-section  3 17 

Report  delinquent  division  superintendents  to  board,  regula- 
tion 82  188 

Sign  warrants  of  board,  section  7,  sub-section  14    19 

Section  83,  sub-section  8    70 

SEGREGATION  OF  PROPERTY: 

For  the  purposes  of  taxation — Note,  section  149    121 

SENATE: 

Confirm  appointment  division  superintendents,  section  8  (Con- 
stitution)    7" 

Section  7,  sub-section  1    16 

Division  superintendent  whose  nomination  has  been  rejected  by, 

not  to  be  appointed,  section  7,  sub-section  1 17 

Elect  three  experienced  educators  as  members  of  State  Board 
Education  from  list  of  eligibles  nominated  by  boards  of 
visitors  of  certain  State  institutions,  section  6  (Con- 
stitution)    6 

Section   3    13 

SEPARATE  SCHOOL  DISTRICT: 

Clerk  of,  his  pay,  section  190    151 

Constituted,   how,   section    52    41 

Council  of  town  may  levy  district  tax,  section  136,  sub-section  3.    101 
Efficient  system  of  schools  to  be  maintained  in,  section   185..    149 
Towns  of  more  than  five  hundred  inhabitants  may  constitute,  sec- 
tion 52    41 

Treasurer  of  town  constituting,  required  to  report  State  of  school 
finances  on  December  1st;  penalty  if  report  not  made, 

section    116    92 

Trustees  of,  appointed  by  town  council  unless  district  includes 

territory  outside  corporate  limits,  section  52 41 

Members  county  school  board,  section  33 3] 

SPECIAL  ELECTIONS: 

For  bond  issue,  how  ordered,  conducted,  and  paid  for,  section 

68,  sub-sections  5  and  6  .  .    52-53 


266  Virginia  School  Laws 


SPECIAL  ELECTIONS: — Continued.                                                              Page 
How  canvassed,  certified,  and  recorded,  section  68,  sub-sec- 
tion 7    53 

Who  eligible  to  vote  for,  section  68,  sub-section  8 54 

For  free  school  purposes  generally,  sections  176  and  177 140 

Regulation  134    203 

For  increase  in  school  levies,   section   136,  sub-section   3 101 

Regulation  134    203 

STATE  ACCOUNTANT: 

Devise  system  of  bookkeeping  and  accounting  for  office  Superin- 
tendent Public  Instruction,  etc.,  section  184,  sub-section 

3    148 

Inspect  accounts   and   vouchers   of   Superintendent,   section 

184,  sub-section  8    149 

Establish  system  of  bookkeeping  and  accounting  for  treasurers, 
clerks  of  courts,  and  school  boards  of  counties  and 
cities  when  requested  by  boards  of  supervisors  or  coun- 
cils, section  184,  sub-section  17 149 

Examine  books  and  accounts  of  such  officers  when  requested 
as  aforesaid,  and  report  findings,  section  184,  sub-sec- 
tion 17  149 

Cost  of  service  to  be  paid  by  county  or  city,  section  184, 

sub-section  18    149 

STATE  BOARD  OF  EDUCATION: 

A  corporation,  section  3,    13 

Admission  of  pupils  from  adjoining  district,  another  county,  pre- 
scribe regulations  for,  section  98 81 

Regulation  125    201 

Also  for  persons  between  20  and  25  years,  section  102.      82 

Regulation  126    201 

Admission  of  pupils  into  high  and  graded  schools,  prescribe  regu- 
lations for,  section  94,  sub-section  2 76 

Regulation  124    200 

Agricultural  demonstration  work,  co-operate  with  Agricultural 
and  Mechanical  College  and  Polytechnic  Institute  for 
co-ordination  with  county  schools,  section  181,  sub- 
section 3  143 

Appeals  from  Superintendent  Public  Instruction  to,  decide,  sec- 
tion 7,  sub-section  9  18 

Regulation  1,  sub-section  6 157 

Decisions  final,   regulation   1,   sub-section    6 157 

Applicants  to  practice  medicine,  preliminary  education  shall  meet 

requirements  of,  section  183,  sub-section  8 146 

Shall  file  certificate  of,  section  183,  sub-section  8 146 

How  requirements  of,  fulfilled,  section  183,  sub-section  8.  .    146 
Approve  appointment  first  and  second  clerks  and  other  employees 
Department   Public  Instruction   and   fix  their  salaries, 

section  7,  sub-section  3 17 

Bond   with   surety  required   of  publishers   text-books,   approved 

by,   section    8,   sub-section    5    22 

Section    7,   sub-section    6    18 

Books  for  school  libraries,  approve  list  of,  section  154 12! 

For   travelling    libraries,    section  -153 127 

By-laws  for  its  own  government,  etc.,  adopt,  section  7,  sub-sec- 
tion 4  .  17 


267 


STATE  BOARD  OF  EDUCATION :  —  Continued.                                              Page 
Certificates  of  West  Virginia's  share  of  debt,  keep,  section  10.  .  23 
City  school  board,  may  prescribe  other  duties  of,  section  198,  sub- 
section  15    156 

Composition  of,  section  6  (Constitution) 6 

Section  3 13 

Contingent  expenses,  office  Superintendent  Public  Instruction,  de- 
termine necessary,  section  7,  sub-section  14 19 

Examine    accounts    of    and   issue   warrants    for,    section    7, 

sub-section  14    19 

Contracts  by  which  plates  rented  for  manufacturing  text-books, 

may  enter  into,  section  8,  sub-section  3 22 

Contracts  for  distributing  text-books,  may  enter  into,  section  8, 

sub-section  4    22T 

Contracts  (written)  with  publishers  text-books,  to  enter  into,  sec- 
tion  8,  sub-section   1    20 

Control  and  veto  power  over  acts  board  visitors  Virginia  Nor- 
mal and  Industrial  Institute,  section  171 138 

Decisions  of,  final,  regulation  1,  sub-section  6    157 

Appeals  from  Superintendent  Public  Instruction  to,  section 

7,  sub-section  9    18 

Regulation  1,  sub-section  6 157 

Copies  of  decisions  kept  on  file,  regulation  1,  sub-section  7  157 
Division  superintendent  to  see  that  decisions  and  regulations 

of,  complied  with,  regulation  80 188 

Designate  high  schools  in  which  normal  training  given,  section 

95,  sub-section  3    79 

Division    superintendents,    appoint    subject    to    confirmation    of 

Senate,   section   8    (Constitution)    7 

Section  7,  sub-division  1 15 

Delinquent,  secretary  to  report,  regulation  82 188 

Duties  of,  prescribe,  section  8   (Constitution) 7 

Section  7,  sub-section  1 15 

Enforce  decisions  and  regulations,  regulation   80    188 

Establishment  of  high  schools,  notify  State  Board  of,  section 

94,  sub-section  3 77 

Not  to  appoint  one  whose  nomination  has  been  rejected  by 

Senate,  section  7,  sub-section  1 15 

One  from  a  county  and  one  from  a  city  to  be  selected  as 

members   of,   section   6    (Constitution)     6 

Section  3    6 

Punish  by  fines,  suspension,  or  removal,  section  7,  sub-sec- 
tion 15    20 

Fine    for    failure    to    make,    or    delay    in,    annual    and 

monthly  reports,  etc.,  regulations  70  and  72.  ...  186 

Regulation  81    188 

Fine  for  permitting  person  to  teach  without  valid  cer- 
tificate, regulation  18 164 

Remove,  may,  section  8   (Constitution)    7 

Section  7,  sub-section  15 20 

£alary  of,  and  how  paid,  sections  18  and  19 27 

Section  196 153 

Term  of,  section  7,  sub-section  1    15 

Vacancies  in  office  of,  section  17.  .  26 


268  Virginia  School  Laws 


STATE  BOARD  OF  EDUCATION: — Continued.  Page 

Who  ineligible  to  office  of,  section  7,  sub-section  1 15 

Section   17    26 

Section  191    152 

Duties  and  powers  of,  section  8   (Constitution)    7 

Section  7    15 

Section   185    149 

Two  superintendent-members  have  same  duties  and  powers 
as  others,  except  participation  in  appointment  of  public 

school  official,  section  6    (Constitution)    6 

Section   3    13 

Election  of  certain  members,  section  6   (Constitution) 6 

Section  7    (Constitution)    7 

Section  3    13 

Elections  for  school  purposes,  to  order  in  certain  instances,  sec- 
tion 7,  sub-section  10  19 

Prescribe  regulations  for,  section  176 140 

Regulation  134    203 

Eligibles  for  membership  of,  list  of  nominated  by  boards  of  visi- 
tors of  certain  institutions  and  elected  by  Senate;  also 
two  division  superintendents  selected  by  other  mem- 
bers, section  6  (Constitution) 6 

Section  3    13 

Examination     of     teachers,     provide     for,     by     State     board     of 

examiners,  etc.,  section  7,  sub-section  5 17 

Regulation  2    158 

Expenses  of  certain  members  of,  how  paid,  section  7,  sub-section 

20    20 

General  Assembly,  report  to  biennially,  section  7,  sub-section  18  20 
Suggest  improvements  in  school  system  to,  section  7,  sub- 
section   17 20 

High   schools,   prescribe   regulations   for,   and  -requirements   for 

admission  of  pupils,  section  94,  sub-section  2 76 

Regulation  124    200 

Aid  only  one  in  district — exception,  section  94,  sub-section 

3    77 

Establishment  of,  division  superintendent  to  notify,  section 

94,  sub-section  3    77 

Prescribe  standard  for,  section  94,  sub-section  3 77 

Registration  and  inspection  of,  regulation  21 164 

Standard  of  requirements  for,  regulation   114    196 

Regulations  115  and  116    197 

Regulation  117    198 

Regulation  118    (normal  training)    199 

State    appropriation    for,    distribution    of,    section    94,    sub- 
section  4    77 

Section   151    122 

Appropriate   $250   to    $400   for  each,   section   94,  sub- 
sections 3  and  4    77 

Furnish  Auditor  itemized  statement  of,  section  94,  sub- 
section 4 77 

Inspect  before  making  appropriation,  section  94,  ^ub- 

section  3 77 

Issue  warrants  on  Second  Auditor  for,  section  94,  sub- 
section 3  .  77 


269 


STATE  BOARD  OF  EDUCATION :  —  Continued.  Page 

Text-books,  appliances,  etc.,  for,  select,  regulation  119 199 

High  schools,  with  agricultural,  etc.,  departments,  select  at  least 
one  in  each  congressional  district,  section  96,  sub- 
section 1 79 

Prescribe  regulations  for  demonstration  and  extension  work 

in,  etc.,  section  96,  sub-section  5    80 

State  appropriation  for,  section  151    122 

High  schools,  with  normal  training  department,  designate,  sec- 
tion 95,  sub-section  3  79 

Determine  qualifications  of  teachers,  section  95,  sub-section 

3 79 

May  require  pupils  of  to  teach,  section  95,  sub-section  3.  .      79 

Prescribe  course  in,  section  95,  sub-section  3 79 

Requirements  for  first  grade  normal  training  high  school, 

regulation  118 199 

State  appropriation  for,  section   95 78 

Section  151 122 

How  paid,  section  95,  sub-section  2 78 

Industrial,  agricultural,  household  arts,  and  commercial  edu- 
cation, aid  in  establishment  of  schools  and  departments 
of,  inspect  them,  allow  funds  appropriated  therefor, 

etc.,  section  50    40 

Inspection  of  schools,  provide  for  by  inspectors,  etc.,  section  7, 

sub-section  5    17 

Regulation  68 185 

Of  high  schools  before  State  appropriation  made  to,  section 

94,   sub-section    3    77 

Inspectors  of  schools,  State,  appoint,  etc.,  regulation  68 185 

Joint  schools,   district  boards  may  establish   with   approval   of, 

section  93 76 

Laurel  reformatory  school,  control,  section  179 141 

State  appropriation  for,  section   151    122 

Library  board,   State,   appoint,   section   8    (Constitution) 8 

Section    7,   sub-section   16    20 

Libraries,  school,  appropriation  by  State  for,  section  151 122 

Approve  list  of  books  for,  section  154 128 

Prescribe  regulations  for,  section  154,  sub-section  1 128 

Literary  fund,  appoint  agents  for  collection  of  claims  due,  etc., 

section   6    15 

Regulation  135    '.  .    204 

Audit  and  allow  claims  paid  out  of,  section  7,  sub-section  12      19 
Loans  from  to  school  boards,  section  7,  sub-section  11.  ...      19 

Section   67    49 

Management   and    investment   of,    section    8,    sub-section    2 

(Constitution)    7 

Section  7,  sub-section  11 19 

Section  131    99 

Loans  from  literary  fund  to  district  and  city  school  boards  for 
erecting  school-houses,  may  make,  section  7,  sub- 
section 11 19 

Section   67    49 

Application   for,  how  made,   section   67,   sub-section   2....      49 

Conditions  governing  loans,  section  67 49 

Equitable  distribution  of,  provide,  section  67,  sub-section  7      51 


270  Virginia  School  LCU.CX 

STATE  BOARD  OF  EDUCATION:  —  Continued.  Page 

Expenditure  of,  secure  proper,  section  67,  sub-section  6..  50 
How   principal  and  interest  paid,   section    67,   sub-sections 

4  and  5    50 

Meetings  of,  section  4 14 

Quorum,  section  3 14 

Record  of  proceedings,  section  5 15 

Members  of,  to  have  no  interest  in  books,  supplies  for  schools, 

etc. — exception,  section  70 63 

Election  of  certain,  section  6   (Constitution)    6 

Section  7    (Constitution)    7 

Section   3    13 

Terms  of  certain,  section  3    14 

Vacancies,  how  filled,  section  6  (Constitution)   6 

Section  3    14 

Multiplication  of  schools,  guard  against,  section  7,  sub-section  7  18 

Negro  reformatory  school,  control,  section  180 141 

State  appropriation  for,  section   151    122 

Night  schools,  may  be  established  with  consent  and  under  regu- 
lations of,  section  102    82 

Oaths  of  members,  how  taken,  recorded  and  returned,  section  3  14 

Oaths  required,  sections  75  and  76 66 

Observe  and  regulate  school  system  generally,  section   7,  sub- 
section   17    20 

Offices  for,  State  appropriation  for  rent  of,  section  151 122 

Pensions  for  teachers,  authority  and  duties  in  relation  to,  sec- 
tion   83     68 

Authority  and  duties  of  under  law  providing  how  teachers 
may  be  removed  from  retirement  list  or  may  volunta- 
rily retire  therefrom,  section  84 72 

Make  rules  and  regulations  to  carry  out  law  for,  section  83, 

sub-section  13    72 

Powers  and  duties  of,  section  8   (Constitution)    7 

Section  7    15 

Section  185    149 

President  of,  Superintendent  Public  Instruction,  ex-officio,  sec- 
tion 7    (Constitution) 7 

Section    3 14 

Proceedings,  record  of,  section  5    15 

Quorum  of,  section  3 14 

Registration  and  inspection  of  institutions  by,  for  accrediting  for 

issuance  of  certificates  to  teachers,  regulation  21.  ...  164 
Relax  requirement  that  school  be  conducted  5  months  to  partici- 
pate in  State  fund,  section  53 41 

Report,  biennial,  to  General  Assembly,  section  7,  sub-section  18.  20 
Rules  and  regulations  for  conduct  and  management  of  schools, 

make,  section   8    (Constitution) 

Section  7,  sub-section  4    17 

Have  force  of  law,  section  8   (Constitution) 7 

Section   7,   sub-section   4 17 

Rural  graded  schools,  State  appropriation  for,  to  be  used  under 

regulations  of,  section  151 122 

Rural  schools  of  one  and  two  rooms,  State  appropriation  for  to 

be  used  under  regulations  of,  section  151 122 

Secretary  of,  appointment,  section   7,  sub-section   3 17 


Index  271 


STATE  BOARD  OF  EDUCATION: — Continued.  Page 

Compensation,  section  7,  sub-section  3 17 

Duties,  section   7,  sub-sections   12   and    14 19 

Section    83,    sub-section    8 70 

Regulation  82    188 

School  system,  observe  and  regulate,  section  7,  sub-section  17  ..  20 
Suggest  improvements  in,  to  General  Assembly,  section   7, 

sub-section  17 20 

State  board   of  examiners,   appoint,   upon   nomination   of   Super- 
intendent Public  Instruction,  and  fix  compensation  of, 

regulation  2 158 

State  inspectors  of  schools,  appoint,  upon  nomination  of  Super- 
intendent Public  Instruction;  and  fix  compensation  of, 

regulation    68    185 

State   school   fund,    approve   or   amend   apportionment    of,    sec- 
tion 7,  sub-section  13 19 

Distribute  for  high  schools,  section   94,   sub-section   4....  77 

Section  151    122 

Distributive  statement  of,  prepared  under  direction  of,  sec- 
tion   132     99 

Sub-district   law,   authority  and   duties  under,   section   69,   sub- 
sections 17-9a,  and  19 62 

May  grant  relief,  if  law  injurious,  section  69,  sub-section  21  63 
Summer  Normal  Schools,  approve,  or  amend  plans  of  organiza- 
tion and  conduct  of,  section  7,  sub-section  8 18 

Audit  accounts   of,    section    7,   sub-section    8 18 

General  management  of,  section  86,  sub-section  4 74 

May  use  part  of  general  fund  for,  section  86,  sub-section  2.  74 

State  appropriation  for,  section  86,  sub-section  2 74 

Section  151    122 

Superintendent  of  Public  Instruction,   prescribe   duties  of,   sec- 
tion 7   (Constitution) 7 

Section  7,  sub-section  2 17 

Section   16    26 

Regulation    1     156 

Annual  report   o'f,   to,   regulation    1,    sub-section    11 158 

Fill  vacancy  in  office  of  occurring  within  term,  section   7 

(Constitution)     7 

Ex-officio,  president  of  board,  section  7    (Constitution)  ....  7 

Section  3    14 

To    offer    suggestions    to,    regulation    1,    sub-section    11...  158 

Traveling  expenses  of,   approve,   section   11 24 

Section     151     122 

Terms  of  certain  members,  section   3 14 

Text-books   and   educational   appliances,    select,   section    8,    sub- 
section  4    (Constitution) 8 

Section    7,   sub-section    6 17 

Regulation   119    199 

On  moral  education,  section   88 75 

Text-books,   contracts    (written)    with  publishers  of,  enter  into, 

section  8,  sub-section  1    20 

Section    7,   sub-section    6 17 

Affidavit   of   publishers    as    to    prices,    etc.,    to    accom- 
pany, section  8,  sub-section  5 22 


272  Virginia  School  Laws 

STATE  BOARD  OP  EDUCATION: — Continued.  Page 
Bond   with    surety   to    accompany,    section    8,    sub-sec- 
tion   5 22 

Changes  in    when  and  how  made,  section  7,  sub-sec- 
tion 6    :  .  .  .  .      17 

Contracts  by  which  plates  rented   for  manufacturing, 

may  enter  into,  section  8,  sub-section  3 22 

For    distribution    of    text-books,    may    enter   into, 

section    8,    sub-section    4 22 

Regulations  of,  concerning,  kept  in  each  school  room, 

regulation    121 199 

Representations,   terms,   and  conditions  of,   section   8, 

sub-section  1   20 

Supplies  and  places  of  sale  of,  regulation  78 188 

Term  for  which  may  be  made,  section  7,  sub-section  6.      17 
Total  amount  paid  for  adopted,  as  reported  by  teacher, 

to  be  included  in  report  of  board,  section  9 23 

Violations   of,    reported   by   Superintendent  Public  In- 
struction  to,   section   8,   sub-section   7 23 

Violations  of,  may  instruct  Attorney  General  to  insti- 
tute proceedings  for,  section  8,  sub-section  7.  ...      23 
Votes   on    adoption   and    contracts    text-books   in    open 

sessions  and  recorded,  section  8,  sub-section  8%  .      23 
Traveling  expenses  of  Superintendent  of  Public  Instruction  ap- 
proved by,   section   151 122 

Vacancies  in,  how  certain  filled,  section  6   (Constitution) 6 

Section  3    14 

Violations  of  contracts  by  publishers  text-books,  may  instruct 
Attorney  General  to  institute  proceedings  for,  sec- 
tion 8,  sub-section  7 23 

Violations  of  contracts  by  publishers  text-books  reported  to,  by 
Superintendent  Public  Instruction,  section  8,  sub-sec- 
tion 7 23 

Virginia  Home  and  Industrial  School  for  Girls,  State  appropria- 
tion for,  section  151 122 

Virginia  Normal  and  Industrial  Institute,  control  and  veto  power 

over  acts  board  of  visitors  of,  section  171 138 

Voters,  order  sense  of,  in  certain  instances,  section  7,  sub- 
section 10  19 

Prescribe    regulations    for    elections,    section    176 140 

Regulation    134     203 

Votes  of,  on  adoption  and  contracts  text-books,  in  open  ses- 
sions and  recorded,  section  8,  sub-section  8% 23 

West  Virginia's  share  of  debt,  keep  certificates  for,  section  10.  .      23 

STATE  BOARD  OF  EXAMINERS: 

Appointment  of,  regulation  2 158 

Compensation  of,  regulation   2 158 

Duties  of,  regulation  2 , 158 

Meet  twice   a   year   in   Richmond,   Note 158 

Pass  finally  upon  papers  of  applicants,  regulation  2 158 

Perform  such  other  duties  as  Superintendent  Public  Instruc- 
tion directs,  regulation   2 158 

Prepare  examination  questions,  regulation   2 158 


lnd«.r  273 


.STATE  BOARD  OF  HEALTH:  Page 
Authority   and   duties   of  in   connection   with   pensioning   teach- 
ers, section  83,  sub-section  2 69 

Under  law  providing  for  removal  or  retirement  of  teachers 

from,   list,   section    84,   sub-section    1 72 

Regulations  of  in  regard  to  school  rooms,  their  size  and  condi- 
tion,   sweeping,    disinfecting,    drinking   water,    glasses, 

cups,  dippers,  closets,  and  outhouses,  section  64 47 

Sanitation  of  schools,  may  adopt  and  enforce  rules  and  regula- 
tions for,  section  63 46 

Penalty  for  violation  of,  section  63,  sub-section  2 47 

STATE  BOARD  OF  INSPECTORS  FOR  BUILDINGS: 

Referred  to,  section  61 45 

.STATE  INSPECTORS  OF  SCHOOLS: 

Appointment  of,  regulation  68 185 

Compensation  of,  regulation  68 :    185 

Duties  of,  prescribed  by  Superintendent  Public  Instruction,  regu- 
lation  68    185 

STATE  LIBRARY  BOARD: 

Appointed  by  State  Board  Education,   section    8,   sub-section    5 

(Constitution)    8 

Section    7,   sub-section    16 20 

STATE  NORMAL  SCHOOL  FOR  WOMEN  AT  FARMVILLE: 

Annual  report  of,  to  Superintendent  Public  Instruction,  presi- 
dent, or  chairman  board,  to  make,  section  173 138 

Loans  to  Virginia  students  in,  section  152 ••••  126 

Member  of  faculty  eligible  to  position  on  State  Board  Education, 

section  6  (Constitution)    6 

Section  3    13 

Registration  and  inspection  of,  for  issuing  teachers'  certificates 

to  graduates,  etc.,  regulation  21 164 

State  students  of,   how  selected,   etc.,   section   162 133 

Must  teach  in  Virginia,  section  162 133 

Superintendent  Public  Instruction  member  board  of,  section  15 ..  25 
STATE  NORMAL  SCHOOL  FOR  WOMEN  AT  FREDERICKSBURG : 
Annual  report  of,  to  Superintendent  Public  Instruction,   presi- 
dent, or  chairman  board,  to  make,  section  173 138 

Loans  to  Virginia  students  in,  section  152 126 

Registration  and  inspection  of,  for  issuing  teachers'  certificates 

to  graduates,  etc.,  of,  regulation  21 164 

State  students  of,  how  selected,  etc.,  section  163 133 

Must  teach   in  Virginia,   section   163 133 

Superintendent  Public  Instruction  member  board  of,  section  15.  .  25 
STATE  NORMAL  SCHOOL  FOR  WOMEN  AT  HARRISONBURG : 
Annual  report  of,   to  Superintendent   Public  Instruction,   presi- 
dent, or  chairman  board,  to  make,  section  173 138 

Loans  to  Virginia  students  in,  section  152 126 

Registration  and  inspection  of,  for  issuing  teachers'  certificates 

to  graduates,  etc.,   of,  regulation   21 164 

State  students  of,  how  selected,  etc.,  section   163 133 

Must  teach  in  Virginia,  section   163 133 

Superintendent  Public  Instruction  member  board  of,  section  15.  .  25 


274  Virginia  School 


STATE  NORMAL  SCHOOL  FOR  WOMEN  AT  RADFORD:                       Page 
Annual  report  of,   to   Superintendent  Public  Instruction,   presi- 
dent, or  chairman  board,  to  make,  section  173 138 

Loans  to  Virginia  students  in,   section   152 126 

Registration  and  inspection  of,  for  issuing  teachers'  certificates 

to  graduates,  etc.,   of,  regulation   21 164 

State  students   of,   how   selected,   etc.,   section    164 134 

Must  teach  in  Virginia,  section  164 134 

Superintendent  Public  Instruction  member  board  of,  section  15  ..  25 
STATE  REFORMATORY: 

See  Laurel  Reformatory. 
Negro  Reformatory. 

Virginia  Home  and  Industrial  School  for  Girls. 
STATE  SCHOOL  FUNDS: 

Applied  to  maintenance  of  primary  and  grammar  schools,   sec- 
tion 11   (Constitution) 8 

Section    136,    sub-section    1 101 

Apportioned  on  basis  of  school  population,  section   11    (Consti- 
tution)      8 

Separately  to   cities,   section   195 153 

Appropriations  by  General  Assembly,  section  151 122 

Cities,  apportioned  separately  to,  section  195 153 

How    paid    to,    section    21 27 

Section   132    99 

Composed  of  what,  section  11   (Constitution) ' .  8 

Section  128    98 

Sections  130   and   131    99 

Section   136,   sub-section   1 101 

Counties,  how  paid  to,  section  21 27 

Not  to  be  paid  until  provision  made  to  maintain  schools   five 

months,   etc.,    section    53 41 

Section  65    49 

Proceeds  of,  used  exclusively  for  pay  of  teachers,  regulation  103 .  193 

Residue  of,  how  distributed,  section  135 101 

Salaries  of  division  superintendents  paid  from,  section  18 27 

State  school  taxes,  property,  etc.,  imposed  upon,  etc.,  section  11 

(Constitution) 8 

Section   149 114 

Unexpended,  may  be  returned  for  redivision,  section  119 93 

Residue  of,  may  be  used  to  pay  drivers  of  school  wagons, 

when,    regulation    103 193 

Warrants  drawn  on  to  be  paid  by  treasurer,  section  133 100 

See  School  Funds. 
STATE  STUDENTS: 

College  of  William  and  Mary,  how  appointed,  etc.,  section 

161     133 

Teach  in  Virginia,  section  161 133 

Hampton  Normal  and  Agricultural  Institute,  how  selected, 

etc.,  section  172 138 

Loan  fund  for,  section  152 126 

State    Normal    School    for   Women    at    Farmville,    how    ap- 
pointed,  etc.,   section    162 133 

Teach  in  Virginia,  section  162 133 

State  Normal  School  for  Women  at  Fredericksburg,  how  ap- 
pointed,  etc.,   section    163 133 


275 


STATE   STUDENTS: — Continued.  Page 

Teach  in  Virginia,  section   163 133 

State  Normal  School  for  Women  at  Harrisonburg,  how  ap- 
pointed, etc.,  section  163 133 

Teach  in  Virginia,  section  163 133 

State  Normal   School    for    Women    at    Radford,   how    ap- 
pointed,  etc.,   section   164 134 

Teach  in  Virginia,  section  164 .  .  .  .- 134 

University  of  Virginia,  how  admitted,  etc.,  section  165.  .  .  .  134 

Virginia  Military  Institute,  how  admitted,  etc.,  section  166.  135 
Bonds  of  for  board  and  tuition,  how  discharged,  etc., 

section    167    135 

Teach  in  Virginia,  section  167 135 

Vacancies,  notice  of,  section  166 13J5 

Virginia  Normal  and   Industrial   Institute,   how   appointed, 

etc.,  section  170 137 

Teach,  etc.,  section  170 137 

Vacancies,  notice  of,  section  170 137 

Virginia  Polytechnic  Institute,  how  selected,  etc.,  sections 

168   and   169 136 

STUDIES: 

Common  schools,  prescribed  for,  section  88 75 

Regulation    111     195 

Prevention    of   accidents,    section    91 75 

City  schools,  prescribed  by  city  board,  section  198,  sub-section  2  154 

Section  198,  sub-section  6 154 

High  schools,  sections  89  and  90 75 

Section  94    76 

Agriculture,  domestic  economy,  etc.,  in,  section  96 79 

Normal  training  in,  section  95 78 

Special,  manual,  industrial,  or  technical  and  commercial,  sec- 
tion 49,  sub-section  15 40 

Section   50    40 

Vocational,  to  meet  needs  of  persons  over  14,  section  50,  sub- 
section 2  40 

SUB-DISTRICTS: 

Act  of  district  board  in  establishing  or  altering  sub-district 
approved  by  Superintendent  Public  Instruction,  section 
69,  sub-section  2 55 

Area  set  off  for  each  school-house  a  sub-district,  section  69,  sub- 
section 1  54 

Authority  and  duties  of  division  superintendent,  law  does  not  in- 
terfere with,  section  69,  sub-section  18 62 

Boundaries  for  each  school-house,  section  69,  sub-section  1.  ...      54 

By-laws  and  methods  of  voting,  section  69,  sub-section  7 57 

Changed,  may  be,  section  69,  sub-section  1 54 

Children  outside  of  not  admitted  except  upon  permits,  section 

69,  sub-section  3 56 

Cities  and  separate  districts,  when  law  is  not  applicable  to, 

section  69,  sub-section  18 62 

Claims  against,  auditing  and  payment  of  by  directors,  section 

69,  sub-section  17-4a 61 

County,  any,  may  adopt  law,  section  69,  sub-section  1 .  54 


276  Virginia  School  Laws 


SUB-DISTRICTS :  — Continued.  Page 

Directors  of,  a  corporation,  section  69,  sub-section  9 57 

Able  to  read  and  write,  section  69,  sub-section  12 58 

Chairman,   clerk,   treasurer,   section   69,   sub-section   8....      57 

Compensation    of,    section    69,    sub-section    8 57 

Constitute  a  sub-district  school  board,  section  69,  sub-sec- 
tion   9     , 57 

Contract  with  teachers  in  reference  to  supplementary  sal- 
ary and  provide  for  other  expenu  tures  of  sub-district 

funds,  section  69,  sub-section  17-3a 61 

Election,   qualification,    compensation,    etc.,    of,    section    69, 

sub-section  4 56 

Section  69,  sub-section  8 57 

Meetings  of  sub-district,  call,  section  69,  sub-section  17-2a      61 

Oath,  take,  section   69,   sub-section   8 57 

Powers  and  duties  of,  section  69,  sub-section  17 59 

Report  to  division  superintendent,   section   69,   sub-section 

17-8a    62 

Rules  of,  make,  observe,  and  explain,  section   69,  sub-sec- 
tion 17-la 61 

School  property  in,  look  after,  section  69,  sub-section  17-7a      62 
School  session  in,  determine  length  of,  section  69,  sub-sec- 
tion  17-6a    62 

Visit  schools  of,  section  69,  sub-section  17-5a 61 

Districts  or  counties  may  include  parts  of  two  or  more,  section 

69,   sub-section    2 55 

Division  superintendent  may  take  part  in  meetings,  but  not  vote, 

section  69,  sub-section  16 59 

Election  of  officers  and  filling  vacancies,  section  69,  sub-section 

10    57 

Law  must  be  adopted  by  county  school  board,  section  69,  sub- 
section 21  63 

Location  of  primary  school-house  in  sub-district  composed  of 
parts  of  more  than  one  district  or  county  approved  by 
Superintendent  Public  Instruction,  section  69,  sub- 
section 2  55 

Meetings  for  organization,  election  of  directors,  etc.,  section  69, 

sub-sections  4  and  6 56 

Section  69,  sub-section  17-2a 59 

Colored  persons  only  vote  in  meetings  of  sub-districts  for 

colored,  section  69,  sub-section  1 54 

Secretary   of   meeting   to   report   to    district   school   board, 

section    69,    sub-section    11 58 

Special,  how  called,  section  69,  sub-sections  13  and  15.  ...      58 

Section  69,  sub-sectionn  17-2a 59 

White  persons   only  vote   in   meetings   of   sub-districts  for 

whites,    section    69,    sub-section    1 54 

Misdemeanor,  for  certain  officers  to  refuse  to  comply  with  sub- 
district  law,  section  69,  sub-section  20 62 

Numbered,  how,  for  colored  children,  section  69,  sub-section  1.  .      54 
Numbered  how,  for  white  children,  section  69,  sub-section  1 ....      54 

Recorded  by  clerk  of  county,  section  69,  sub-section  1 54 

Relief,  if  operation  of  law  injurious,  county  school  board  may 
apply  to  State  Board  Education  for,  section  69,  sub- 
section 21.  63 


Index  ill 


SUB-DISTRICTS :  — Continued.  Page 

Separate,  considered,  for  white  and  colored,  although  over- 
lapping, section  69,  sub-section  1 54 

Supervision  of  district  and  county  school  boards  ana  scnool 
trustee  electoral  boards,  under,  section  69,  sub-section 
2 55 

Tax,  sub-district,  how  levied,  assessed,  and  collected,  section  69, 

sub-section  17    59 

Treasurer  sub-district  given  same  powers  and  subject  to  similar 
penalties  and  methods  of  redress  as  county  treasurer, 
section  69,  sub-section  17 59 

Warrants  on  funds  of,  section  69,  sub-section  17-4a 61 

Who  may  vote  and  be  school  officers  in,  section  69,  sub-sec- 
tion 5  56 

SUMMER  NORMAL  SCHOOLS: 

Annual  State  appropriation  for,  section  86,  sub-section  2 74 

Section   151    122 

Account  of  receipts  and  disbursements  kept  by  State  Board, 

section    86,    sub-section    5 74 

Audit  of  accounts  of,   by  State   Board,   section   7,   sub-sec- 
tion 8    18 

Applied  exclusively  to  pay  of  instructors  and  other  necessary 

expenses,  section  86,  sub-section  5 74 

Claims    for    submitted    to    State    Board    Education    for    ap- 
proval, section   86,  sub-section   5 74 

Paid  by  warrants  of  State  Board  on  Second  Auditor,  sec- 
tion 86,  sub-section  5  .  .  .  i 74 

Conducted  under  general  management  of  State  Board  Education, 
under  supervision  of  Superintendent  Public  Instruction, 
section  86,  sub-section  4 74 

Course  of  instruction  pursued  in,   regulated  by  Superintendent 

Public  Instruction,  section   86,  sub-section  4 74 

Eight,  minimum  number,  to  be  held  annually,  section  86,  sub- 
section 2  74 

Examinations  for  teachers'  certificates  held  at,  annually  in  July, 

regulation    3,    sub-section    2 159 

How  papers  of  applicants  numbered,  regulation  9,  sub-sec- 
tion 4    160 

Under  supervision  of  conductors,  regulation  3,  sub-section  5    159 

Instructors    in,    selected   by   Superintendent    Public   Instruction, 

section  86,  sub-section  4 74 

Object  of,  familiarize  teachers  with  advanced  methods  of  teach- 
ing and  furnish  additional  academic  training,  section 
86,  sub-section  3  74 

Officer  or  teacher  in  public  schools  or  State  institutions  employed 
by  calendar  year  not  to  receive  pay  both  as  such  and 
and  as  instructor  or  officer  in  summer  schools,  sec- 
tion 151  122 

Plans  of  Superintendent  Public  Instruction  for  organization  and 
conduct  of,  State  Board  Education  to  approve  or 
amend,  section  7,  sub-section  8 18 

President  and  professors  of  Virginia  Normal  and  Industrial  In- 
stitute required  to  conduct  a  summer  school  annually, 
section  170,  sub-sections  3  and  4 137 

Teachers'  certificates,  courses  and  other  requirements  for  sum- 
mer school  certificates,  etc.,  regulations  39  and  40.  .169-170 


278  Virginia  School  Laws 

SUMMER  NORMAL  SCHOOLS:  —  Continued.  Page 

Regulation    45 173 

Regulation    50'    175 

Regulation    51 178 

Regulation    55 180 

Teachers    should    attend,    regulation    132 202 

Term  of,  minimum,  four  weeks,   section   86,   sub-section   5....  74 
Time  and  places  for  holding  selected  by  Superintendent  Public 

Instruction,  section  86,  sub-sections  4  and  5 74 

Virginia  teachers  not  charged  for  tuition  in,  section  151 122 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

Accounts  and  vouchers  of,  State  Accountant  to  inspect,  section 

184,    sub-section    8 149 

Annual  report  of,  regulation   1,  sub-section   11 158 

Annual  report  to,  from  division  superintendent,  regulation  71.  .  186 

Penalty  for  delay  in,  regulations  71  and  72 186 

From  county  school  board,  section  38 32 

From    county    treasurers,    regulation    74 187 

From  presidents,  or  chairmen  boards,  of  State  educational 

institutions,    section    173 138 

Monthly  reports  from  division  superintendents,   regulation 

69     185 

Penalty  for  delay  in,  regulation  70 186 

Appeals    from,    to    State    Board    Education,    section    7,    sub-sec- 
tion 9    18 

Regulation   1,   sub-section   6 157 

Regulation  85    189 

Appeals  to,  from  division  superintendent,  regulation  1,  sub-sec- 
tion 6    157 

Regulation    85     189 

As    to   attendance    and   tuition   pupils   from    adjoining    dis- 
trict another  county,  regulation  125 201 

As  to  revocation  of  teacher's  certificate,  regulation  20.  ...  164 
Evidence  in  writing  in  all  cases  of  appeal  to,  regulation  85.  189 
His  decision  final  unless  reversed  by  State  Board,  regula- 
tion  1,  sub-section   2 156 

Applicants  for  license  to  practice  medicine — 

Copy  of  record  as  to,  to  be  furnished  by  secretary  State 

Board  Medical  Examiners,  section  183,  sub-section  4.  .  146 
Certificate   from   Superintendent   as   to   preliminary   educa- 
tion of,   section   183,  sub-section   8 146 

Appoint  trustee  as  temporary  division  superintendent,  may,  regu- 
lation  91    192 

Attendance,  may  fix  average  at  ten,  when,  regulation   123.  .  .  .  200 
Board   of   Education,   State,    offer  suggestions   to,   regulation    1, 

sub-section  11    158 

Bond  of,  section  12 24 

Section    13 25 

Bookkeeping  and  accounting  system  for  office  of,  State  Account- 
ant to  devise,  section  184,  sub-section   3 148 

Cause   of   education   among   people,    to   promote,    regulation    1, 

sub-section  1    156 

Certificates,  teachers',  issued  by,  regulation  14....  163 

Altered  or  erased,  to  be  returned  to,  regulation  56 181 


279 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: — Continued.              Page 
Refusal    of    endorsement    of    certificates,    division    superin- 
tendent  to  report  to,    regulation    19 164 

Register  of  applicants  for,  prepare,  regulation  13 '.  .  163 

Renewed  or  extended  by,  regulation   15 163 

Chief  executive  of  public  school  system,  regulation   1 156 

Clerks    and    other   employees    in    his    office,    nominate    to    State 

Board  Education,  section  7,  sub-section  3 17 

Bonds  of  clerks,  sections  12  and  13 24-25 

Salaries  of,  section   7,   sub-section   3 17 

Conference  for  betterment  of  agricultural  conditions,  Governor 
may  call  Superintendent  to  attend,  section  181,  sub- 
section 6  145 

Decide  appeals,  regulation   1,  sub-section   6 157 

Regulation    85     189 

Decisions  final  unless  reversed  by  State  Board  of  Education, 

regulation  1,  sub-section  2 156 

Division  superintendents  to  see  that  decisions  of,  enforced, 

regulation  80 188 

Preserve  copies,  his  and  board's  decisions,  regulation  1,  sub- 
section  7    .  .  .' 157 

Determine  true  intent  and  meaning  of  school  laws  and  regu- 
lations, and  explain  to  school  officials,  regulation  1, 

sub-section  2    156 

Division  superintendent,   give  directions  to  and  require  special 

reports  from,  regulation  71 186 

Appoint  trustee  as  temporary,  regulation  91 190 

Documents  and  books  of  his  office,  preserve,  regulation  1,  sub- 
section 8 157 

Duties  of,  prescribed  by  State  Board  Education,  section  7  (Con- 
stitution)    7 

Section  7,  sub-section  2 17 

Section  16    26 

Duties  so  prescribed,  regulation  1 156 

Educator,  must  be  experienced,  section  7    (Constitution) 7 

Section  11    24 

Election     of,    term     of     office,     how     vacancy     filled,     section    7 

(Constitution)    7 

Section  11    24 

Bond  of,  sections  12  and  13 24-25 

Experienced  educator,  section  7    (Constitution)    7 

Section   11    7 24 

Oath  of,  section  11 .  24 

Sections  75,  76  and  77 66 

Examiners,  State  board  of,  nominate  and  fix  duties  of,  regula- 
tion 2 158 

Examinations,  teachers',  fix  day  for  holding,  regulation  3,  sub- 
section 6 159 

Instructions  to  division  superintendents,  regulation  9 160 

Regulation  10    162 

See    "Appendix"    205 

Papers    forwarded    to,    by    division    superintendent,    within 

ten  days  after  examination,  regulation   12 163 

Papers  preserved  by,  for  twelve  months  and  destroyed,  reg- 
ulation  12    .  ,163 


280  Virginia  School  Laws 


SUPERINTENDENT  OF  PUBLIC    INSTRUCTION: — Continued.  Page 

Questions,  number  sets  needed,  division  superintendent  to 

notify,    regulation    11 163 

Questions,   high   school  and  special  subjects,   prepared  by, 

regulation    50    17  & 

Questions  to  division  superintendents,  to  send,  under  seal, 

regulation    4 159- 

Regulations  governing,  to  prescribe,  regulation   3,  sub-sec- 
tion   5     15& 

Ex  officio  president  State  Board  Education,  section  (Constitu- 
tion)    7 

Section  3    14 

Section   16    26 

Fines,  etc.,  for  literary  fund,  may  employ  agents  and  attorneys 

to  collect,  regulation   135 204 

May    compromise    or    adjust,    regulation    135 204 

Forms,   prepare   registers  and,   regulation   1,   sub-section   3....    156 

For  report  division  superintendent,  regulation  71 186 

County   treasurer,    section    116 92 

District  board,  section  49,  sub-section  14 40 

Register  of  applicants  to  teach,'  regulation  13 163 

Register,  school,  section  81 68 

Returns  school  census,  section  43 36 

General  Assembly,  offer  suggestions  to,  regulation  1,  sub-sec- 
tion 11  158 

Inspection  of  schools,  make  tours  of,  regulation  1,  sub-section  5.    157 
Inspectors  of  schools,  State,  nominate  and  fix  duties  of,  regula- 
tion 68    185 

Intent  and  meaning  of  school  laws  and  regulations,  determine, 
and  explain  to  school  officials,  regulation  1,  sub-sec- 
tion 2 .  156 

Libraries,  school,  division  superintendent  to  forward  applica- 
tion for  State  aid  with  order  and  warrants  for  books 
to,  section  154,  sub-section  2 128 

Loans  from  literary  fund — 

Approve  plans,  etc.,  and  loan  in  case  school-houses  built  in 

part  from,  section  67,  sub-section  3 49 

May  require  county  treasurer  to  pay  past  due  interest  and 

principal  on,  section   67,   sub-section   5 50 

Member  certain  boards  of  visitors,  section  15 

Member  State  Board  of  Education  and  ex  officio  president  of, 

sections    6   and    7    (Constitution) 6 

Section  3    14 

Section  16    26 

Oath  of,  section  11   24 

By  whom  administered,  and  where  recorded,  section  77.  ...      66 

Required  oaths,  sections   75   and   76 66 

Official  seal,  provide,  regulation  1,  sub-section  10 158 

Prevention  of  accidents,  to  furnish  teachers  information  for  in- 
struction of  pupils  as  to,  section  91 75 

Pupils,    provide   cards,    etc.,    for   testing   sight   and   hearing   of, 

section   107    87 

Report  of,  annual,  to  State  Board  Education,  regulation  1,  sub- 
section 11  158 


Index  281 


SUPERINTENDENT  OF  PUBLIC   INSTRUCTION: — Continued. 

Reports  to,  may  require  of  division  superintendents,  and  other 

school  officers,  regulation  1,  sub-section  4 157 

Regulation  71    186 

By  county  school  board,  section  38 32 

Section    134     101 

County   treasurer,    regulation    71 186 

Division    superintendent,    regulations    69,    70,    71    and 

72    185-186 

Presidents,  or  chairmen  boards,  State  educational  in- 
stitutions, section   173 13& 

Salary,  section  11 24 

Section  151    122 

Traveling    expenses,    section    11 24 

Section  151 122 

School  census,  furnish  forms  for,  section  43 36 

School  districts,  name,  number  and  boundaries  of,  to  be  reported 

to,  section   51    41 

Section    187     150 

School  laws  and  regulations,  take  care  that  executed,  regulation 

1,   sub-section    1 156 

Determine   intent   and   meaning   of,    regulation    1,    sub-sec- 
tion 2    156 

Sight  and  hearing  of  pupils,  provide  cards  for  testing,  etc.,  sec- 
tion 107 87 

State  board  of  examiners  appointed  an  nomination  of,  regula- 
tion   2     158 

Duties  examiners  fixed  by,  regulation  2 158 

State  inspectors  of  schools  appointed  on  nomination  of,  regula- 
tion 68    185 

Duties  inspectors  fixed  by,  regulation  68 185 

State  school  funds: 

Apportionment  of,  prepare  scheme  for,  section   7,  sub-sec- 
tion 13 19 

Regulation   1,   sub-section    9 157 

Distribute  residue  if  exceeds  approximate  statement  of  Au- 
ditor, section  135    101 

Furnish    Auditor    distributive    statement,    section    132....      99 
Students'  loan  fund,  annual  statement  to,  section  152,  sub-sec- 
tion 4    127 

Sub-district  Taw,  duties  under,  section  69 54 

Approve  establishment  or  alteration  of  sub-district,  section 

69,   sub-section   1 54 

Location   primary   school-house   in,   when,   section    69, 

sub-section    2     55 

Sub-districts,    section    69,    sub-section    4 56 

Guilty  of  misdemeanor  if  does  not  comply  with,  section  69, 

sub-section  20    62 

Summer  Normal  Schools,  duties  as  to,  section  86 74 

Fix  time  of  opening,  section  86,  sub-section  5 74 

Select  places  for,  and  instructors  of,  regulate  course  of  in- 
struction, and  supervise,  section  86,  sub-section  4.  ...      74 
Officer  or  teacher  in  public  schools  or  State  institutions 
employed  by  calendar    year    not    to    receive    pay 
both  as  such  and  as  instructor  or  officer  in  sum- 
mer   schools,    section    151 122 


282  Virginia  'School  Laws 

SUPERINTENDENT  OF  PUBLIC    INSTRUCTION: — Continued.  Page 

Teachers,  prescribe  form  of  contract  with,  section  82 68 

Term  of  office,  section  7    (Constitution)    7 

Section  11    24 

Text-books,  contracts  with  publishers  of,  take  care  terms  and 

conditions  of  complied  with,  section  8,  sub-section  7.  .  23 
Adopted,  include  in  annual  report  of,  total  amount  paid  for, 

section   9    23 

Changes  in,  how  made,  section  7,  sub-section  6 17 

Division   superintendents,    teachers,    and     trustees,    to    no- 
tify, of  departure  from  fixed  prices  or  failure  to 

supply  books,  section  8,  sub-section  8 23 

Places  for  sale   of,   division   superintendents  to   report   to, 

regulation   78    188 

Report   to   State   Board,   violations  of  contracts  for,  section 

tion  8,  sub-section  7 23 

Term  for  which  contracts  made,  section  7,  sub-section  6.  .  .  17 

tion  6   17 

Traveling  expenses  of,  section  11 24 

Section  151    122 

Vacancy  in  office  of,  how  filled,  section  7   (Constitution) 7 

Section  11    24 

Visit  and  examine  schools,  may  appoint  persons  to,  regulation  1, 

sub-section    4     157 

Warrants   of   State   Board   Education,   sign,   section   7,   sub-sec- 
tion   14     19 

SUSPENSION: 

Of  division  superintendent,   section   7,   sub-section   15 20 

Of  pupils,  section  49,  sub-section  3 38 

Section  85    73 

Section  105    86 

Section  198,  sub-section  4 154 

TAXATION: 

Additional  in  sub-districts,  section  69,  sub-section  17 59 

Additional  to  pay  interest  and  principal  of  bonds,  section  139.  .  105 

sub-section  3   ,. 101 

Amount  of  local  to  be  submitted  to  people,  when,  section  136, 

Bank  stock,  on  shares  of,  section  143 108 

Section,    144    109 

Section   149    (f ) ; 115 

Capitation  tax,  State,  part  of,  for  school  purposes,  section   11 

(Constitution)    8 

Section  21    (Constitution) 10 

Section  149    (b) 114 

City  school  taxes,  section  12   (Constitution) 9 

Section  21   (Constitution) 10 

How  levied  or  appropriated,  section  188 150 

Section    193     152 

County  and  district  school  taxes,  how  levied  and  at  what  rate, 

section    136,    sub-section    3 101 

Section  138,  sub-section  2 105 

Additional  to  pay  interest  and  principal  of  bonds,  section 

139   105 

Amount  of  county  and  district,  submitted  to  vote  of  people, 

when,  section  136,  sub-section  3 101 


Index  283 

TAXATION :  — Continued.  Page 

Dog  tax  may  be  devoted  to  schools,  section  136,  sub-section  3.  .    101 

Section  142,  sub-section  3 108 

Local,  section  12  (Constitution) 9 

Section    21     (Constitution)     .  .  . 10 

Additional  local  capitation,  General  Assembly  may  author- 
ize,  section    21    (Constitution) 10 

Amount  of  submitted  to  vote  of  people,  when,  section  136, 

sub-section  3    101 

Annual,  in  addition  to  regular  levies,  to  pay  interest  and 

principal  of  bonds,  section  139 105 

Oysters,  on,  section  138 104 

Section  145    109 

School,  etc.,  property  exempt  from — exception — section  22  (Con- 
stitution)           11 

Section   147    (Real) Ill 

Section    148     (Personal) 113 

School  taxes,  how  assessed  and  paid,  sections  140  and  141.  .  .  .    106 

Section    150     122 

How  collected,  disbursed,  and  held,  section  108  and  110..      88 
Segregation  of  several  kinds  and  classes  of  property  for  pur- 
poses of  taxation,  note,  section  149 121 

State  school,  part  State  capitation  tax  devoted  to  schools,  sec- 
tion   11    (Constitution)     8 

Section    21     (Constitution) 10 

Section   149    (b) 114 

Of  real  estate,  etc.,  section  149   (a) 114 

Banks,   etc.,   section   149    (f )....' 115 

Express,  etc.,  companies,  section  149   (j) 118 

Industrial  sick  benefit,  etc.,  companies,  section  149  (h)    117 

Insurance  companies,  etc.,  section  149   (g) 1   16 

Intangible  personal  property,  section  149   (d) 115 

Money,    section    149    (e) 115 

Railway,  etc.,  corporations,  section  149    (i) 117 

Steamship,  etc.,  corporations,  section  149   (k) 119 

Tangible  personal  property,  section  149    (c) 115 

Telegraph  and  telephone  companies,  section  149   (1)  .  .    119 
Water,  heat,  light,  etc.,  companies,  section  149   (m)  .  .    120 
Uniform,   and   levied   under   general   laws,   section    19    (Consti- 
tution)          10 

When  taxes  due,  penalty,  etc.,  section  111 89 

TEACHERS: 

Accidents,  instruct  pupils  as  to  ways  and  means  to  prevent,  sec- 
tion   91    75 

Adult  pupils  submit  to  authority  of,  regulation  127 201 

Appeals   by,    regulation    20 164 

Regulation    85     189 

Application  of  money  set  apart  for  pay  of,  division  superinten- 
dent see  to,   regulation   73 186 

Application  of,  for  school,  accompanied  by  statement  from  di- 
vision superintendent  that  applicant  holds  certificate, 

regulation  18 164 

No  teacher  legally  elected  or  paid  unless  such  statement 

accompanies   application,   regulation    18 164 

Statement  to  be  sent  to  clerk  district  board,  regulation  18.    164 


284  Virginia  School  Laws 


TEACHERS :  — Continued.  Page 
Applicants   to  send   certificate   to   division   superintendent,   reg- 
ulation  18    164 

Division  superintendent  to  return,   regulation   18 164 

Assigned  and  reassigned,  by  division  superintendent,  in  cities, 

regulation    92    191 

Books,  supplies,  etc.,  for  schools,  not  to  have  interest  in,  or  act 

as    agent   for — exception — section    70 63 

Brother,  sister,  wife,  son,  or  daughter  of  trustee  may  not  teach, 

section  49,  sub-section  2 38 

Section  198,  sub-section  3 154 

Regulation    128     .  . 201 

Penalty  for  violation,  section  49,  sub-section  2 38 

Certificates,  must  hold,  section  49,  sub-section  2 38 

Section  78    67 

Section  198,  sub-section  3 154 

Regulation  18    164 

Regulation    96     160 

Age  of  applicants  for,  regulation  6 160 

Classes  of  and  regulations  governing  issuance,  regulations 

14-56    163-181 

Contract  not  legal  without,  regulation  18 164 

Courses  and  other  requirements   for  summer  school,   etc., 

regulations  39  and  40 169-170 

Regulation    45     173 

Regulation  50    175 

Regulation  51    178 

Regulation  55 180 

Endorsement  of,  section  78 67 

Regulations   17   and   19 164 

Extension  or  renewal  of,  regulations  15  and  51..  163   and   178 

How  and  by  whom  issued,  regulation  14 163 

List  of,  entitling  holders  to  teach  high  school  branches,  reg- 

lation   57    182 

Notice  to  applicants  as  to  change  of  terms  of  renewal,  regu- 
lation   59    183 

Of  those  restored  to  retired  list,  status  of,  section  84 72 

Rank  of,  suggestions  as  to,  regulation  58 183 

Revocation  of,  regulation   20 164 

When  holder  of  third  grade  ineligible,  regulation   25....    166 
See  Certificates. 
Character,  charges  involving  notice  of,  given  to  by  district  board, 

regulation    129    202 

Opportunity  to  be  heard,  regulation  129 202 

Children  6  years  of  age  admitted  as  pupils  if  deemed  advisable 

by  division  superintendent  and,  section   100 82 

Cleanliness  and  good  behavior  at  school  and  on  the  way  thither 
and  back  to  their  homes,  require  of  children,  section 

105    86 

Regulation  131    .\ 202 

Contracts  with,  written,  made  by  district  board,  section  82.  ...      68 

Regulation    18     164 

Regulation  96    191 

District  board   report   to   division   superintendent   teachers 

contracted  with,  regulation  98 191 


Index  285 

TEACHERS :  — Continued.  Page 

How  executed,   regulation   96 191 

Not  legal  without  certificate,  section  49,  sub-section  2.  ...  38 

Regulation    18     164 

Opening  and  closing  school,  time  of,  stated  in,  regulation 

100    193 

Provide   for   deductions   for   pensions,   section    83,  ,sub-sec- 

tion    4 69 

School  may  be  closed  before  expiration  of,  regulation  101.  193 

Terms  of  fixed  at  meeting  of  district  board,  regulation  95.  .  191 

Discipline,  district  board  to  aid  in  maintaining,  regulation  108.  195 

Division  superintendent  in  cities,  may  teach,  section  197 153 

Duties  of,  sundry,  regulation   132 202 

Election  of,  by  patrons,  procedure,  etc.,  regulation  99 192 

Employ  and  dismiss,  district  boards  to,  section  49,  sub-section  2.  38 

Regulation  198,  sub-section  3 154 

Regulation  95    191 

Employment  of  certain  relatives  of  trustees  prohibited,  sec- 
tion 49,  sub-section  2 f 38 

Employment,  subject  to  review,  section  49,  sub-section  2.  .  38 

Hold  certificate,  section  49,  sub-section  2 38 

Examinations  of,   applicants  for,   to  notify  division  superinten- 

/                        dent,   regulation   7 160 

Regulation    50,    sub-section    (c) 175 

Age   of   applicants,    regulation    6 160 

Applicants  for  high  school  branches,  notify  Department 
Public  Instruction  and  division  superintendent,  regu- 
lation 50,  sub-section  (c) 175 

At   summer   normal    schools,    regulation    3,    sub-sections    2 

and  5    159 

Regulation   9,   sub-section    4 160 

Division  of,  regulation  55 180 

On  reading  course,  regulation  24 165 

Regulations  governing,   regulation   9 160 

"Appendix"    '205 

Requirements  for  high  school  branches,  regulation  50,  sub- 
section (c)  175 

Subjects  embraced  in,  etc.,  regulation  5 159 

Regulations  46-50    173-176 

When  held,  regulation  3 159 

Holidays,   school,   division  superintendent  to  notify  of,  regula- 
tion 104    194 

Improve  themselves,  should,  by  study,  attending  teachers'  meet- 
ings, summer  schools,  etc.,  regulation  132 202 

Improvement    leagues,    exert    themselves    to    establish,    regula- 
tion 132 202 

Institute  annually  for,  in  each  division,  regulation  88 190 

Law  same  for  those  in  city  and  town  as  in  county,  unless  other- 
wise provided,  section  185 149 

Libraries,  exert  themselves  to  establish,  regulation  132 202 

Malfeasance  or  neglect  of  duty,  penalty  for,  section  72 65 

Meetings  of,  to  be  encouraged,  section  86,  sub-section  1 74 

Regulation  88    190 

Not  to  have  interest  in  books,  supplies,  etc.,  for  schools,  or  act 

as  agent  for,   penalty,   exception,   section   70 63 


286  Virginia  School  Laws 

TEACHERS :  — Continued.  Page 

Opening  and   closing  school,   time  of,   stated  in  contract  with, 

regulation    100 193 

Pay  or  salary  of,  district  boards  provide  for,  section  49,  sub-sec- 
tion   11 39 

County  and  State  funds  used  exclusively  for, 'regulation  103 .  193 

Deduction  from  for  days  lost,  regulation  122 200 

How  fixed,  regulation  98 192 

Not  affected  by  average  attendance,  when,  section  79....  67 
Not  changed  when  approved  by  division  superintendent,  reg- 
ulation 98 192 

Relief  of,  from  loss  of  pay  on  account  of  low  attendance 

when,   section    80 67 

Residue  of  district  funds  may  be  used  for,  regulation  103.  .  193 

Patrons'  Day,  principal  of  each  school  to  have,  regulation  89.  .  190 

Teachers  should  observe  annually,  regulation  132 203 

Penalty,  how  imposed  upon,  sued  for,  etc.,  section  73 65 

Penalties  upon  pupils,  may  inflict  reasonable,  regulation  131..  202 

Pensions  for  retired,  terms,  conditions,  etc.,  section  83 68 

Contracts  with,  provide  for  deductions  for,  section  83,  sub- 
section  4    69 

How  those  on  retired  list  may  retire  or  be  removed  from, 

section  84 X72 

How  those  removed  or  who  retire  from  list  may  be  restored 

to,  section  84 72 

Refund  of  money  to  those  removed  from  list,  section  84.  .  72 
Principal   or   teacher,    district  board   to   notify,    of   charges   in- 
volving  character,   regulation    129 202 

Opportunity   to   be   heard,    regulation    129 202 

Reading  Course  for,  object  of,  etc.,  regulation  24 165 

Register,  keep,  and  deliver  to  clerk  district  board,  section  81.  .  68 

Regulation    130     202 

Reports,  make  monthly,  term,  and  special,  regulation  132 203 

School-houses,  see  that  kept  clean,  etc.,  regulation   132 202 

School  may  be  closed  before  expiration  of  contract  with,  regu- 
lation  101    193 

State  students  of  following  named  institutions  obligated  to  teach 
in  Virginia: 

College  of  William  and  Mary,  section  161 133 

State  Normal  School  for  Women  at  Farmville,  section  162 ..  133 

Fredericksburg,  section  163    133 

Harrisonburg,  section  163 133 

Radford,  section  164    .' 134 

Virginia  Military  Institute,  section  167 135 

Virginia  Normal  and  Industrial  Institute,  section  170....  137 
Substitute,  must  not  engage,  or  close  school,  without  consent  of 

district    board,    regulation    132 202 

Summer  school,  annual,  at  Virginia  Normal  and  Industrial  In- 
stitute for  benefit  of  colored,  section  170,  sub-section  3  137 
Summer  normal  schools  for,  purpose  of,  section  86,  sub-section  3  74 
Officer  or  teacher  in  public  school  or  State  institution  em- 
ployed by  calendar  year  not  to   receive  pay  as  such 
and   as   instructor   or   officer   in   summer   school,    sec- 
tion 151    122 

Should  attend,  regulation  132 202 


Index_  287 

TEACHERS :  — Continued.  Page 
Virginia  teachers  exempt  from  tuition  fees  in,  section  151.  .    122 
Suspend  pupils,  may,  until  case  decided  by  district  board,  sec- 
tion 85 73 

Regulation    131     202 

In  such  cases,  report  facts  to  district  board  and  to  parent  or 

guardian,    regulation    131 :  . 202 

Text-books,  notify  Superintendent  Public  Instruction  of  depart- 
ure by  dealers  from  fixed  prices  of  or  failure  to  supply, 

section  8,  sub-section  8 23 

Keep  posted  price  list  of,  regulation  121 199 

Report   amount   paid    for,    section    9 23 

See  that  pupils  are  supplied  with  proper,  regulation  120.  .    199 
Unlawful  to  purchase  warrants  of,  at  less  than  face  value,  sec- 
tion 70,  sub-section   3 64 

Vaccination  of,  section  105 86 

Visit  patrons,  should,  regulation  132 202 

Who  may  not  teach,  section  49,  sub-section  2 38 

Section   198,   sub-section    3 154 

Regulation  128    201 

See  Examinations  and  Certificates. 
TEACHERS'  INSTITUTES: 

See  County  Institutes. 
TEXT-BOOKS  (AND  EDUCATIONAL,  APPLIANCES) : 

Affidavit  of  publishers  as  to  prices,  etc.,  of,  section  8,  sub-sec- 
tion 5 22 

Section  7,  sub-section  6 17 

Amount   paid   for,    teachers   to   report,   section    9 23 

State  Board  of  Education  to  include  in  annual  report,  sec- 
tion   9     23 

Bond  of  publishers  with  surety  to  accompany  contracts  for,  sec- 
tion  8,  sub-section   5 22 

Section  7,  sub-section  6 17 

Changes  in,  when  and  how  made  by  State  Board,  section  7,  sub- 
section  6    17 

Contracts,  State  Board  Education  to  enter  into,  written,  with 

publishers  of,  section  8,  sub-section  1 20 

Representations,  terms,  and  conditions  of,  section  8,  sub- 
section   1    20 

Section  7,  sub-section  6 17 

Term  for  which  contracts  may  be  made,  section  7,  sub-sec- 
tion 6 17 

Violations  of,  penalty  for,  section  8,  sub-sections  5  and  6.  .      22 
Contracts  for  distribution  of,  may  be  entered  into  by  State  Board 

section  8,  sub-section  4 22 

Contracts  by  which  plates  rented  for  manufacturing,  may  be  en- 
tered into  by  State  Board,  section  8,  sub-section  3 ....  22 
Departure  from  fixed  prices  of,  by  dealers  or  failure  to  supply, 
to  be  reported  to  Superintendent  Public  Instruction  by 
division  superintendents,  teachers,  and  trustees,  sec- 
tion 8,  sub-section  8 23 

Indigent  children  to  be  provided  with  free,  section  15    (Consti- 
tution)              9 

Section   49,   sub-section    4 38 

In   cities,  section   198,   sub-section   5.  .  154 


288  Virginia  School  Laws 

TEXT-BOOKS    (AND  EDUCATIONAL    APPLIANCES): — Con  Page 

List  of,  furnished  to  each  teacher,  division  superintendent  to  see 

that,  regulation  121 199 

Moral  education,  on,  section  88 75 

Places  for  sale  of,  division  superintendents  report  to  Superin- 
tendent Public  Instruction,  regulation  78 188 

Supplies  of,   regulation   78    188 

Prices  of,  section  7,  sub-section  6 17 

Section  8    20 

Pupils  must  be  supplied  with  proper,  regulation  120 199 

School  officers  and  teachers  not  to  be  interested  in,  etc.,  ex- 
ception, section  70 63 

Selected   by   State   Board   Education,    section    8,   sub-section    4, 

(Constitution)    8 

Section  7,  sub-section  6 17 

Section  88    75 

Regulation  119    199 

Superintendent  of  Public  Instruction  take  care  terms  and  con- 
ditions contracts  with  publishers  complied  with,  sec- 
tion 8,  sub-section  7 23 

Violations  of  contracts  by  publishers  of,  report  to  State  Board 
by  Superintendent  Public  Instruction,  section  8,  sub- 
section 7  23 

Votes  of  State  Board  on  adoption  of,  and  contracts  for,  in  open 

sessions  and  recorded,  section  8,  sub-section  SV2 23 

TITLE  TO  SCHOOL  PROPERTY: 

How  title  vests: 

In  cities,  in  city  school  board   (or  council),  section  56.  ...  42 

Section  189    151 

Section    198,    sub-section    15 156 

In  school  district,  in  district  school  board,  section  55.  ...  42 

Section  56    42 

Of  joint  schools,  in  district  boards  jointly,  section  93  76 
Of  county,  in  county  school  board,  section  39,  sub-section 

4    33 

Section  33 31 

How  title  examined  and  approved,  appeal,  section  57 43 

Section  59    44 

Title  in  fee  required  in  case  of  real  estate  on  which  loan  from 

literary  fund  secured,  section  67,  sub-section  6 50 

TOWN: 

Bonded   indebtedness   limited,    section    4    (Constitution) 5 

Bonds  for  building  school-houses,  as  to  issuing,  section  175..  139 
Borrow  money  to  build  or  improve  school-houses,  section  175.  .  139 
Council  of,  if  separate  school  district,  may  levy  district  school 

tax,  section  136,  sub-section  3 101 

May  compel  school  children  to  be  vaccinated,  section  106.  .      87 
School  law  for  counties  applies  to,  unless  otherwise  provided,  sec- 
tion 185    149 

Separate  school  district,  when,  section   52 41 

Treasurer  of,  if  separate  district,  required  to  report  school 
finances  to  division  superintendent — penalty  if  report 

not   made,    section    116 92 

Trustees  in,  if  separate  district,  how  appointed,  section  52.  ...      41 


Index  289 


TOWN: — Continued.  Page 

Vaccination   of   school   children,    council   of,    may   compel,    sec- 
tion   106     87 

TRANSPORTATION  OF  PUPILS: 

Provided    for,    section    92 76 

Regulation  109    195 

TREASURER: 

See  County  Treasurer  and  City  Treasurer. 

TRUSTEES: 

Act  as  division  superintendent,  in  case  certain  vacancy,  regula- 
tion 91 190 

Appointment,  etc.,  of,  for  school  districts  of  counties,  section  24  28 

Sections   25   and   27    29 

Sections  31  and  32    30-31 

Section    52     41 

Regulation    86     189 

Regulation  93    191 

For   cities,   section    192 152 

Section    28     30 

Section  198    153 

For  cities  of  second  class,  section  188 150 

For  towns  constituting  separate  school  districts,  section  52  41 

Cities  in,   have  no   organization   or   duties,   unless   assigned  by 

city   school   board,    section    189 151 

Duties   of   in   reference   to   annual   statement  of   county   school 

board,    section    137 » .  102 

Penalty  for  failure  to  perform,  section   137 102 

Educational   institutions   of,   how   appointed,   section    18    (Con- 
stitution)      .'  .  .  .  1,0 

Expenses,  how  paid,  etc.,  section   39,  sub-section   1 32 

Failure  to  take  oath  vacates  office,  section  32 31 

Firm  of  which  trustee  is  member,   or  agent  of  trustee,  not  to 
have  interest  in  supplies  for  schools,,  etc. — exception — 

penalty — section  70,  sub-section  2 64 

Ineligible,  who,  in  school  districts  of  county,  section  24 28 

Section    31     30 

In  cities,  section  198 153 

Law  same  for  city  or  town  as  for  county  unless  otherwise  pro- 

vided,   section    185    149 

Malfeasance    or   neglect   of   duty,    penalty   for,    section    72....  65 

Misdemeanor,  guilty  of,  if  fail  to  comply  with  sub-district  law, 

section  69,  sub-section  20 62 

If  school  boards  do  not  make   and   publish   annual  state- 
ment,   section    137     102 

Not  to  have  interest  in  books,  supplies,  etc. — exception — penalty, 

section   70    63 

Trustees  who  are  merchants  may  sell  books  or  supplies,  sec- 
tion 70-,  sub-section  1 63 

Not  to  teach,  regulation   128 201 

Notify  Superintendent  Public  Instruction  of  departure  by  deal- 
ers from  fixed  prices  of,  or  failure  to  supply  books, 

section    8,    sub-section    8 23 

Oath  of,  for  school  districts  of  counties,  etc.,  section  25 29 

Section   32    31 

Regulation  93    .                                                                          ,  191 


290  Virginia  School  Laws 


TRUSTEES: — Continued.  _         Page 

By  whom  administered  and  where  recorded,  section  32 ....  31 

Regulation  86    189 

Regulation  93    . 191 

Failure  to  take  vacates  office,   section   32 31 

Oaths  prescribed,  sections  75  and  76 66 

For   cities,   section    198 153 

By    whom    administered     and    where     recorded,    sec- 
tion   198 153 

Failure  to  take  vacates   office,   section   32 31 

Oaths  prescribed,  sections  75  and  76 66 

Penalties,  how  imposed  upon,  sued  for,  etc.,  section  73 65 

For  failure  to  make  written  contracts  with  teachers,  regu- 
lation  97 192 

Personally  liable  for  money  paid  to  unlicensed  teacher  or  cer- 
tain relatives  of  trustees,  section  49,  sub-section  2..  38 
Qualifications  of — able  to  read  and  write,  section  24.  .........  28 

Reside   in    school   district   of   county   and   take   oath,    sec- 
tion 32   31 

Regulation  93    191 

Of  city,  section  198    153 

Read  and  write,  able  to,  section  24 28 

Removal  from  district  vacates  office,   section   32 31 

In  cities,  section  198 153 

Resident  of  school  district  of  county,  section  32 31 

Of  city,  section  198 153 

State  students  to  Virginia   Polytechnic  Institute  appointed  by 

trustees  of  counties,  cities,  etc.,  section  168 136 

Term  of  office,  section  24 28 

Section    192     152 

Three  for  each  school  district,  section  9    (Constitution) 8 

Section  30    30 

Section    42     36 

Sections  187*  and  188 150 

Section  192    152 

Towns,   constituting  separate  districts,  how  appointed  in,   sec- 
tion 52    41 

Use  of  school-house  for  certain  purposes,  any  one  of  district  may 

grant,  section  62 46 

Appeal  from  to  district  board,  etc.,  as  to  such  use  of  school- 
house,  section  62 46 

Vacancies,  in  school  districts  of  county,  sections  25  and  27.  ...  29 

Section  32    31 

In  cities,  section  192 152 

Section  198    . 153 

TUITION: 

Of  Pupils— 

From  adjoining  district,  another  county,  regulation  125..  201 

From  another  district,  section  98 81 

In  high  schools,  or  higher  branches,  section  89 75 

Regulation  124    200 

In  schools  of  any  other  district  than  that  in  which  parent 

or  guardian  resides,   section   99,   sub-section   1 81 

Non-residents  of  city,  section  99,  sub-section  1 81 


Index  291 


TUITION :  — Continued.  Page 

Non-residents   of   State,   but   near   boundaries,   section    99, 

sub-section  2    82 

Persons  between  20  and  25  years,  etc.,  section  102 82 

Regulation    126     201 

Virginia   teachers    attending    Summer   Normal    Schools    exempt 

from,  section  151    122 

UNIVERSITY: 

Definition  of,  for  accrediting  for  issuance   of  teachers'   certifi- 
cates, regulation  60    183 

Conditioned  students,  units  required,  regulation  63 184 

Special  students,   regulation    64 184 

Units  required  for  admission  to,  same  as  required  by  Univer- 
sity  of   Virginia,   regulation    62 184 

UNIVERSITY  OF  VIRGINIA: 

Admission  of  State  students,  section  165 134 

Annual  report  of,   to  Superintendent  Public  Instruction,  presi- 
dent, or  chairman  board,  to  make,  section  173 138 

Loans  to  Virginia  students  of,  section  152 126 

Member  of  faculty  eligible  to  position  on  State  Board  Education, 

section   6    (Constitution) 6 

Section  3    13 

Registration  and  inspection  of,  for  accrediting  for  issuance  of 

teachers'  certificates  to  graduates,  etc.,  regulation  21.  ...    164 
Regulations  governing  issuance  of  teachers'  certificates  to  grad- 
uates, etc.,  of,  regulation  26 166 

Regulations   30   and   31 1JS7 

Regulations  governing  teachers'   courses  and  examinations  for 

certificates  at  Summer  School  of,  regulation  39 169- 

Regulation    41     170 

Regulation  45    173 

Regulation  50    17& 

Regulation  51    178 

Regulation  55    180 

State  students,  admission  of,  etc.,   section   165 .- 134 

Superintendent  Public  Instruction  member  board  of  visitors  of, 

section   15    2& 

Units  required  for  admission  to,  standard  required  of  institu- 
tions accredited  for  issuance  of  teachers'  certificates, 

regulation    62    184 

VACCINATION: 
Of— 
Children,  may  be  compelled  by  board  of  supervisors  or  city  or 

town  council,  section  106 87 

Poor  children,  at  expense  of  county,  city,  or  town,  section 

105    8& 

Pupils,  required,  section  105   86 

Teachers,  required,   section   105    86- 

Requirements  as  to,  may  be  suspended  by  county  or  city  school 

board,    section    105     86- 

VIRGINIA   MILITARY   INSTITUTE: 

Admission  of  State  cadets,  sections  166  and   167 135 

Annual  report  of,  to  Superintendent  Public  Instruction,  presi- 
dent, or  chairman  board,  to  make,  section  173 138- 

Loans  to  Virginia  students  of,  section  152 126 


292  Virginia  School  Laws 


VIRGINIA   MILITARY   INSTITUTE: — Continued.  Page 

Member  of  faculty  eligible  to  position  on  State  Board  Education, 

section  6    (Constitution)    o 

Section    3     13 

Registration  and  inspection  of,  for  accrediting  for  issuance  of 
teachers'  certificates  to  graduates,  etc.,  of,  regula- 
tion 21  164 

Regulations  governing  issuance  of  teachers'  certificates  to  grad- 
ates, etc.,  of,  regulation  32  167 

Regulation  51    178 

State  cadets  obligated  to  teach  in  Virginia — option — section  167    135 

Bond  for  board  and  tuition,  section  167    135 

Notice  of  vacancy  in  cadetships,  section  166 135 

Superintendent    Public    Instruction    member    board    of    visitors 

of,    section    15     25 

VIRGINIA   NORMAL,   AND   INDUSTRIAL   INSTITUTE: 

Admission  of  State  students,  section  170 137 

Annual  report  of,  to  Superintendent  Public  Instruction,  presi- 
dent, or  chairman  board,  to  make,  section  173 138 

Institute  and  board  visitors  under  control  of  State  Board  Ed- 
ucation, section  171  138 

No  acts   of  visitors  valid   if   disapproved   by^  State   Board, 

section   171    * 138 

Registration  and  inspection  ,o£  institutions  for  accrediting  for  is- 
suance of  teachers'  certificates  to  graduates,  etc.,  reg- 
ulation 21  164 

Regulations  governing  issuance  of  teachers'  certificates  to  grad- 

9  uates,  etc.,  regulations  35  and  36 167-168 

Regulations  39  and  40 169-170 

Regulations  45  and  50 173   and   175 

Regulations   51   and   55 178   and   180 

Courses,  examinations,  certificates,  etc.,  at  Summer  Schools, 

regulation  39 167 

Regulation  41    170 

Regulation  45    173 

Regulations   50   and   51    175   and   178 

Regulation  55 180 

State  students,  how  selected,  etc.,  section  170 137 

To  teach,  etc.,  section  170,  sub-section  2 137 

Notice  of  vacant  State  studentships,  section   170,   sub-sec- 
tion   2 137 

Summer  normal  school  at,  president  and  professors  to  conduct 

annually,  section   170,  sub-sections   3   and   4 137 

Superintendent    Public    Instruction    member    board    of    visitors 

of,    section    15 25 

VIRGINIA   POLYTECHNIC   INSTITUTE: 

Annual  report  of,  to  Superintendent  Public  Instruction,  presi- 
dent of,  or  chairman  board,  to  make,  section  173.  ...  138 

Loans  to  Virginia  students  in,  section  152 126 

Member  of  faculty  eligible  to  position  on  State  Board  Education, 

section   6    (Constitution)    6 

Section    3     13 

President  of,  to  aid  in  preparing  regulations  for  agricultural 
courses,  etc.,  in  high  schools,  section  96,  sub-section 
5  .  ..  ... 80 


Index  293 


VIRGINIA  POLYTECHNIC  INSTITUTE: — Continued.  Page 

Governor    may    call    to    attend    conference    for    betterment 
agricultural   conditions,    etc.,   section    181,    sub-section 

6    145 

Registration  and  inspection  of,  for  accrediting  for  issuance  of 

teachers'  certificates  to  graduates,  etc.,  regulation  21.  ...    164 
Regulations  governing  issuance  of  teachers'  certificates  to  grad- 
uates, etc.,  regulation  33 167 

Regulation  51    178 

State  students,  how  selected,  etc.,  section  168    136 

How  long  may  attend,  section  169 136 

Superintendent    Public   Instruction,    member   board   visitors    of, 

section  15 25 

VOCATIONAL  EDUCATION: 

District  board  may  establish  classes  in,  to  meet  needs  of  persons 

over  14,  section  50,  sub-section  2 40 

WARRANTS: 

Auditor  of  Public  Accounts  on  State  Treasurer  for  State  school 

funds,  section   132    99 

Cancelled  by  efficient  cancelling  device,  those  paid  by  treasurer 

to  be,  section  117 92 

Delivered    to    division    superintendent;     kept    for    twelve 

months;   destroyed,  section  117    92 

City  school  boards,  how  drawn  and  signed,  section  198,  sub- 
section 13 155 

City  treasurer,  warrants  on,  section  198,  sub-section  13 155 

Compared  and  audited  by  county  school  board,  and  result  re- 
ported to  Superintendent  Public  Instruction,  section 
134  101 

County  treasurer  or  deputy  not  to  deal  in,  section  120 93 

County  treasurer,   school  funds  paid  by  warrants  on,   sections 

108  and  110    88 

Section   116    92 

Destroyed,  when  warrants  paid  by  treasurer  may  be,  section  117 .      92 

Discount,  no  county,  district,  or  school  officer  to,  section  70,  sub- 
section 3  64 

District  school  boards,  how  drawn  and  signed,  section  49,  sub- 
section 12  39 

Section   54    41 

Lost  State  school  warrant,  in  case  of,  how  treasurers  may  have 

relief,  section  123   .  • 95 

Number  and  amount  of  paid,  to  be  reported  by  treasurers  on 

December  1st,  etc.,  section  116 92 

Regulation  74    187 

Payment,  must  be  presented  for,  within  two  years  from  date, 

section   124    95 

Penalty  and  remedy  if  treasurer,  having  funds,  fails  to  pay,  sec- 
tion 120  93 

Section  126    96 

School  trustee  electoral  board,  section  27    29 

Second  Auditor,  for  claims  paid  from  literary  fund  and  State 
appropriations,    salaries    superintendents,    etc.,    section    7, 

sub-section    12  19 


294  Virginia  School  *Laws 

WARRANTS :  — Continued.  Page 

Sections   18   and   21 27 

Section  67    49 

Section  83    68 

Section  94    76 

State  Board  of  Education,  section  7,  sub-sections  12  and  14.  ...  19 

Section  7,  sub-section  20    20 

State  school  funds,  on,  to  be  paid  in  cash,  by  State  Treasurer, 

section   132    99 

Auditor's  warrant  on  State  Treasurer  for,  section  132.  ...  99 
On  State  school-tax  fund  paid  out  of  any  State  taxes  received 

by  treasurer,  section   133 100 

WILLIAM  AND  MARY  COLLEGE: 

See  College  of  William  and  Mary. 

YEAR,  SCHOOL: 

See  School  Year. 


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